McClurg v. Fryer & Anderson
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. A summons in case was issued out of the District Court, Philadelphia, to December term 1839, by Fryer and Anderson, to use- of Lewis, against McClurg.
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Error to the District Court, Philadelphia. A summons in case was issued out of the District Court, Philadelphia, to December term 1839, by Fryer and Anderson, to use- of Lewis, against McClurg. The summons was issued on the 30t7i January, 1840, returnable on the first Monday of February 1840. It was returned nihil habet.■ An alias summons issued returnable to March term 1840, judgment was entered and execution issued; but the court, on 12th September, 1840, set it aside and quashed the proceedings. Another alias summons issued April 29th, to March term 1845, returnable on first Monday in May:…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
Two errors are assigned to the charge of the court below, neither of which are sufficient to overset the judgment.
The court were, as to both matters complained of, decidedly right.
The law requires no man in the pursuit of his rights to do a vain and futile thing, useful to nobody, and hurtful to himself by the needless expense and trouble it would impose. The court was *295therefore right in instructing the jury that if, at the time of the maturity of the guaranty, Mrs. McKinley was so utterly insolvent as not to make it worth while to sue her,…
2Cited by13 opinions
- Bovaird & Seyfang Manufacturing Co. v. FergusonSupreme Court of Pennsylvania · 1906
- Mayo v. James Lees & Sons Co.Supreme Court of Pennsylvania · 1937
- Kees v. ClarkSupreme Court of Pennsylvania · 1906
- First National Bank v. CookeSuperior Court of Pennsylvania · 1897
- Thomas v. McLean Coal Co., Pennsylvania Court of Common Pleas, Alleghany County1951
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