5 Mass. 491 | Mass. | 1809
All the facts necessary to maintain the action are agreed, provided any action lies on the subscription, and that such action could be sued by the present plaintiff. It has been settled in the case of The Worcester Turnpike Corporation vs. Willard
* The Court then ordered the plaintiff to be called ; [ * 494 ] but the parties agreed, that the defendant would confess judgment for the amount of the assessments, and should have judgment against the plaintiff for his costs; and the entry was made pursuant to this agreement
Ante, p. 80.
See Taunton & South Boston Turnpike vs. Whiting, 10 Mass. 327, and cases there cited in the notes.