Legal Opinion

Berghaus v. Alter

Supreme Court of Pennsylvania

Decided June 21, 1847PublishedCited by 1 opinion

In error from the Common Pleas of Dauphin. Assumpsit by Alter and another, surviving partners, &c., on a promissory note, which suit was marked to the use of plaintiffs’ assignees. The defendant' pleaded non-assumpsit, and on the trial offered in evidence “a true and faithful transcript from the docket entries,” in the matter of the application of Alter, one of the plaintiffs, for a discharge as a bankrupt.

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In error from the Common Pleas of Dauphin. Assumpsit by Alter and another, surviving partners, &c., on a promissory note, which suit was marked to the use of plaintiffs’ assignees. The defendant' pleaded non-assumpsit, and on the trial offered in evidence “a true and faithful transcript from the docket entries,” in the matter of the application of Alter, one of the plaintiffs, for a discharge as a bankrupt. In this were stated the petition and the decrees of bankruptcy and discharge, all of which preceded the commencement of this action. By this it also appeared that one Thompson was…

1Per curiam

The 13th section of the bankrupt law declares that the proceedings shall be deemed matters of record; but it directs that they shall not be recorded at large, and that a docket or short memorandum of them he kept. This memorandum being the recording prescribed by the act, is consequently to be the documentary evidence of them, and as such a memorandum was presented here, it ought to have been received.

Judgment reversed, and a venire de novo awarded.

2Cited by1 opinion

  1. Brookville's ElectionJefferson County Court of Quarter Sessions · 1924

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