Schuylkill Bank v. Macalester
Supreme Court of Pennsylvania
IN these cases actions of debt were respectively instituted in this court by the Schuylkill Bank in the city of Philadelphia against Hosea J. Levis & Charles Macalester, and Hosea J. Levis & Peter Wager on two bonds for $10,000 each, in which Macalester & Wager were sureties for the faithful performance by Levis of his duties as cashier of that bank. The writ was returned served on Macalester & Wager and nihil hahet as to Levis. The defendants entered a rule of reference.
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IN these cases actions of debt were respectively instituted in this court by the Schuylkill Bank in the city of Philadelphia against Hosea J. Levis & Charles Macalester, and Hosea J. Levis & Peter Wager on two bonds for $10,000 each, in which Macalester & Wager were sureties for the faithful performance by Levis of his duties as cashier of that bank. The writ was returned served on Macalester & Wager and nihil hahet as to Levis. The defendants entered a rule of reference. On the morning of the day fixed for the appointment of arbitrators, and before they were appointed, the plaintiffs filed a…
1Per curiam
A right which can be exercised only by permission, is no right at all; and all the cases show that a discontinuance must be founded on the express or implied leave of the court. In England this leave is obtained on motion, in the first instance; and here it is taken without the formality of an application, but subject to be withdrawn on cause shown for it: that is the whole difference. The act, when the propriety of it is contested, must, in the one shape or in the other, have the sanction of the court. Are the circumstances of this case, then, such as to demand our interference? Messrs Wager…
2Cited by9 opinions
- Levitt v. PatrickSuperior Court of Pennsylvania · 2009
- Fancsali v. University Health CenterSupreme Court of Pennsylvania · 2000
- Consolidated National Bank v. McManusSupreme Court of Pennsylvania · 1907
- Lamb v. GreenhouseSuperior Court of Pennsylvania · 1915
- Davis v. HillmanSupreme Court of Pennsylvania · 1924
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