Murphy v. Richards
Supreme Court of Pennsylvania
THIS was a writ of error to-the District Court for the city and county of Philadelphia. It was an action of debt brought by ' Benjamin W. Richards and Joseph Bispham against William N. Murphy and Gebhard Harris, on an insolvent bond dated the 10th ’of -May 1839, the condition of which was, that Murphy should appear at the next term of the Common Pleas of Philadelphia county, and then and there present his petition for the benefit of the insolvent laws, &c.
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THIS was a writ of error to-the District Court for the city and county of Philadelphia. It was an action of debt brought by ' Benjamin W. Richards and Joseph Bispham against William N. Murphy and Gebhard Harris, on an insolvent bond dated the 10th ’of -May 1839, the condition of which was, that Murphy should appear at the next term of the Common Pleas of Philadelphia county, and then and there present his petition for the benefit of the insolvent laws, &c. The defendants pleaded that Murphy did appear at the Court of Common Pleas of Philadelphia county at the time mentioned in the bond set…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is a rule in pleading, that on a demurrer the court will consider the whole record, and give judgment for the party who, on the whole, appears to be entitled to it. 1 Troub. & Haly 296; 1 Saund. 337 b. 3, 285, n. 5. Thus on a demurrer to the replication, if the court think the replication bad, but perceive a substantial fault in the plea, they will give judgment, not for the defendant but the plaintiff, provided the declaration be good. 2 Wilson 150. And this leads to examination of the defendants’ plea, which the plaintiffs allege is…
2Cases cited1 opinion
- G., H. & S. A. R'y Co. v. JacksonCourt of Appeals of Texas · 1884
3Cited by5 opinions
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