Finch v. Lamberton
Supreme Court of Pennsylvania
October 18th 1869. Before Thompson, C. J., Read, Agnew, Sbarswood and Williams, JJ. Error to the Court of Common Pleas of Venango county: Of October and November Term 1868, No. 1. On the 20th November 1868 Robert Lamberton commenced an action of assumpsit against Thomas Finch and Joseph W. Gurnsey: the writ was served on both defendants. An appearance was entered for Finch only, who filed an affidavit of defence.
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October 18th 1869. Before Thompson, C. J., Read, Agnew, Sbarswood and Williams, JJ. Error to the Court of Common Pleas of Venango county: Of October and November Term 1868, No. 1. On the 20th November 1868 Robert Lamberton commenced an action of assumpsit against Thomas Finch and Joseph W. Gurnsey: the writ was served on both defendants. An appearance was entered for Finch only, who filed an affidavit of defence. On the 18th of December the attorney for the plaintiff took judgment against Guernsey for want of an affidavit of defence: “Amount to be liquidated by the prothonotary; same day the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
There seems to be no good ground to set aside the proceedings in this case. As a general rule, in joint actions, the taking of a final judgment against one defendant is a bar to further proceeding in the same suit against the others; the act of accepting such a judgment being that of the plaintiff himself: Beltz*373hoover v. Com., 1 Watts 126; O’Neal v. O’Neal, 4 W. & S. 130; Noble’s Administrator v. Laley, 14 Wright 281. But where judgment is rendered by default, and the prothonotary liquidates the sum without waiting for a trial and assessment…
2Cases cited5 opinions
- O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
- Beltzhoover v. CommonwealthSupreme Court of Pennsylvania · 1832
- Browning v. McManusSupreme Court of Pennsylvania · 1836
- Henry v. NorwoodSupreme Court of Pennsylvania · 1835
- Sheets v. RudebaughSupreme Court of Pennsylvania · 1828
3Cited by7 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- In re Arbitration Award between Lower Yoder Township Police & Lower Yoder TownshipCommonwealth Court of Pennsylvania · 1995
- Carr v. Joyce, Pennsylvania Court of Common Pleas, Delaware County1975
- Chester v. McIntyre & Co.Superior Court of Pennsylvania · 1900
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