O'Neal v. O'Neal
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Edward O’Neal against Daniel O’Neal and Edward Faber. This was an action of debt upon an insolvent bond, in which the breach assigned was that the said Daniel O’Neal did not appear to take the benefit of the insolvent laws, in pursuance of the terms of his bond. A judgment was rendered by default against Daniel O’Neal for want of an appearance and plea for $910; being the amount of the penalty of the bond.
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ERROR to the District Court of Allegheny county. Edward O’Neal against Daniel O’Neal and Edward Faber. This was an action of debt upon an insolvent bond, in which the breach assigned was that the said Daniel O’Neal did not appear to take the benefit of the insolvent laws, in pursuance of the terms of his bond. A judgment was rendered by default against Daniel O’Neal for want of an appearance and plea for $910; being the amount of the penalty of the bond. Faber pleaded to issue, and upon the trial of the cause a verdict and judgment were rendered against him for $910.
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— It was shown, in Williams v. M’Fall, that there cannot be two final judgments in debt, for the reason that, as the contract is entire, and each of the defendants is entitled to the benefit of his co-defendant’s plea, the plaintiff must succeed against all or none: to which may be added, that there can be but one final judgment in any personal action, whether founded in contract or in tort, because the simplicity of the common law tolerates no incongruity in its forms, but requires that all the entries on the record of an action present a…
2Cases cited1 opinion
- Hussey v. WhiteSupreme Court of Pennsylvania · 1823
3Cited by10 opinions
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- Finch v. LambertonSupreme Court of Pennsylvania · 1870
- Murtland v. FloydSupreme Court of Pennsylvania · 1893
- Strause v. BraunreuterSuperior Court of Pennsylvania · 1900
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