Massachusetts Supreme Judicial Court January 9, 1894 (Foster v. Leach)

Allen, J.

1. The defendants’ first objection was “ that the plaintiff could not maintain his action upon the declaration, as it did not set out any joint promise of the defendants”; in other words, that a separate count was required for each defendant. This objection, if valid, (which we do not decide,) could only be taken by demurrer seasonably filed. Pub. Sts. c. 167, §§ 11,12.