King v. Clendamel
Pennsylvania Court of Common Pleas, Philadelphia County
In this case, the plaintiff, after the cause had been on the trial list, received from the defendant the amount of his debt, and gave a receipt in full. The case was called for trial, and the plaintiff was called, and not appearing, a nonsuit was entered.
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In this case, the plaintiff, after the cause had been on the trial list, received from the defendant the amount of his debt, and gave a receipt in full. The case was called for trial, and the plaintiff was called, and not appearing, a nonsuit was entered. Upon affidavit presented, showing that the party plaintiff, supposed that the receipt of tiie debt would not subject him to costs, the court granted a rule on the plaintiff to show cause why the nonsuit should not be taken off cited 3 E. C. L. R. 5; 1 Holt's Rep.; 27 E. C. L. R. 310.
1Opinion of the Court
Per Curíam.—
The rule in this case is made absolute. A judgment of nonsuit, where the plaintiff is called to trial and does not answer, is essentially a judgment by default. The defendant, by payment of the amount claimed before trial, admits the plaintiff’s cause of action, and the plaintiff’s receipt of the debt, accompanied by proof of his want of knowledge as to the effect it might produce as to the costs, presents a case for the equitable interference of the court, which will be exercised in all cases under the common law jurisdiction and discretion of the court, there being no…
2Cited by1 opinion
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