Ralph v. Brown
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. Peleg Brown against Nathan Brown and George W. Ralph. This was an action of debt founded upon a judgment obtained in the Supreme Court of the State of New York. The writ was issued to January term 1840, and was served upon Ralph alone, who appeared,- and in July 1840 pleaded in abatement the pendency of a bill in the Court of Chancery in the State of New York, between the same parties, for the same cause of action.
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ERROR to the Common Pleas of Dauphin county. Peleg Brown against Nathan Brown and George W. Ralph. This was an action of debt founded upon a judgment obtained in the Supreme Court of the State of New York. The writ was issued to January term 1840, and was served upon Ralph alone, who appeared,- and in July 1840 pleaded in abatement the pendency of a bill in the Court of Chancery in the State of New York, between the same parties, for the same cause of action. The court granted arule, at the instance of the plaintiff, to show cause why this plea should not be quashed. On the argument of this…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The plea in abatement, filed, as this was, after the period allowed for a general imparlance, might be properly set aside or treated as a nullity, (Tidd’s Pr. Troub. Ed. 730); but not for the reason assigned, that the matter contained in it was insufficient, though it was in fact so. The proper course for that, is to demur; but not to strike off or sign judgment, which can be done only when the plea is out of time, or otherwise irregular. Thus in Thellusson v. Smyth, (5 T. R. 152), it was held that to warrant the signing of judgment for…
2Cases cited3 opinions
- Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
- Purviance v. DrydenSupreme Court of Pennsylvania · 1817
- M'Reynolds v. M'CordSupreme Court of Pennsylvania · 1837
3Cited by17 opinions
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Wiseman v. N. P. R. R.Oregon Supreme Court · 1891
- Schwinger AppealSuperior Court of Pennsylvania · 1956
- Smith v. LathropSupreme Court of Pennsylvania · 1863
- Lyman v. BrownU.S. Circuit Court for the District of Rhode Island · 1855
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