Purviance v. Dryden
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Franklin county, and bill of exceptions. Samuel Dryden, sen., commenced this action by issuing a summons in debt founded on assumption for money had and received, money laid out and expended, and money lent, not exceeding 1500 dollars, against Samuel Purviance and Samuel Dryden, jun. The summons was served on Purviance only, and he alone appeared. A statement was afterwards filed as follows: “Samuel Dryden, sen. v“Samuel Dryden, jun.
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In Error. ERROR to the Common Pleas of Franklin county, and bill of exceptions. Samuel Dryden, sen., commenced this action by issuing a summons in debt founded on assumption for money had and received, money laid out and expended, and money lent, not exceeding 1500 dollars, against Samuel Purviance and Samuel Dryden, jun. The summons was served on Purviance only, and he alone appeared. A statement was afterwards filed as follows: “Samuel Dryden, sen. v“Samuel Dryden, jun. Sc Samuel Purviance. “ The plaintiff’s demand is founded on the assumption of the defendants, Samuel Dryden, jun. and…
1Opinion of the Court
^ Tilghman C. J., .,r,. „ On the trial of this cause in the Court of Common Pleas, a bill of exceptions was taken by the defendant to the admission of the deposition of Samuel Dryden, jun., son of Samuel Dryden, the testator, for the benefit of whose estate this action is prosecuted. The exceptions to'this deposition were of various kinds; some formal; but one, on the ground of interest. The first objection is, that the witness was a party to the suit. The writ was issued against him as well as Purviance, but he never was summoned, and the action, according to our practice,was carried on…
2Cited by9 opinions
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- Whitehead v. Bank of PittsburghSupreme Court of Pennsylvania · 1841
- Heckert v. FegelySupreme Court of Pennsylvania · 1843
- Moddewell v. KeeverSupreme Court of Pennsylvania · 1844
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