Wilkins v. Burr
Supreme Court of Pennsylvania
THE defendant obtained a rule upon the plaintiff to shew cause why all proceedings in this action should not be stayed, and an exoneretur entered on the bail piece. , The rule was granted upon the following facts: The defendant was held to bail in this suit in March 1808. Sometime after the commencement of the suit, his attorney wrote a letter to Mr. Clay of Kentucky, where the plaintiff requesting him to file a bill of equity against the to obtain an injunction against the…
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THE defendant obtained a rule upon the plaintiff to shew cause why all proceedings in this action should not be stayed, and an exoneretur entered on the bail piece. , The rule was granted upon the following facts: The defendant was held to bail in this suit in March 1808. Sometime after the commencement of the suit, his attorney wrote a letter to Mr. Clay of Kentucky, where the plaintiff requesting him to file a bill of equity against the to obtain an injunction against the further prosecution of the suit, or if this should not be granted, to get his answer to be read on the trial. After…
1Opinion of the Court
Tilghman C. J.
In considering this case the Court can take no notice of Mr. Gratz or of the house of Simon Gratz Co.; becaue the action was not brought for their use, nor does it appear by legal evidence that they have any interest *391in it. The affidavit of Joseph Gratz might be received by the court as the ground of a motion; but when the motion came -to be heard on its merits, no regard could be paid to it, because he was an incompetent witness. Taking the matter as it stands then between the parties to the action, the defendant only asks the performance of the plaintiff’s agreement, founded…
2Cited by2 opinions
- Good v. Grit Publishing Co.Supreme Court of Pennsylvania · 1906
- Bach v. BurkeSupreme Court of Pennsylvania · 1891