Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)

Citation: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Parent Document: Jerry Gaucher v. Gary E. Waterhouse, Trustee of the Waterhouse Realty Trust & a.; Jerry Gaucher v. Gary Waterhouse & a. (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-07-20
Original Source: https://www.courtlistener.com/opinion/10271738/jerry-gaucher-v-gary-e-waterho... ↗

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Generally, when an action seeks damages alleging joint liability against
multiple parties, trial courts should not enter a final default judgment as to
one, but not all, of the jointly liable defendants. See 10A Charles Alan Wright
et al., Federal Practice and Procedure 3d § 2690, at 72-77 (1998). As the
Supreme Court has observed, if claims alleging joint liability have been decided
against the plaintiff on the merits, the action will be dismissed as to all
defendants, including the defaulted party. See Frow v. De La Vega, 82 U.S.
552, 554 (1872) (“The true mode of proceeding where a bill makes a joint
charge against several defendants, and one of them makes default, is simply to
enter a default and a formal decree pro confesso against him, and proceed with
the cause upon the answers of the other defendants.”). If the plaintiff prevails,
he will be entitled to a final decree against all; but “a final decree on the merits
against the defaulting defendant alone, pending the continuance of the cause,
would be incongruous and illegal.” Id.

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