This is an action of debt against the two defendants jointly. The declaration sets out, that heretofore the plaintiffs, being owners of lands flooded by a dam erected by the defendant Stephen Stevens, instituted proceedings for damages, and obtained a verdict and judgment, and elected to take the gross damages awarded. It then avers, that the defendant, Jonathan C. Stevens, has become the owner and occupant of the mill, for the use of which said dam was erected and is maintained, whereby an action hath accrued to the plaintiffs, to recover said sum of them. The action is founded on the Rev. Sts. c. 116, §24
The plaintiffs heretofore moved for leave to discontinue against Stephen Stevens, which motion was allowed, and the
Exceptions overruled.
Wells, for the plaintiffs.
Sumner, for J. C. Stevens.