Duncan v. Bell, Johnston, Jack & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Blair county. Bell, Johnston, Jack & Co., brought four actions of debt, to April Term, 1856, against John W. Duncan, to recover the amount of two promissory notes on which the defendant was the endorser, and of two drafts upon one of which he was drawer and upon the other endorser, amounting in the whole to about $8000. Statements, together with copies of the notes and bills, were filed with the prseeipes.
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Error to the Common Pleas of Blair county. Bell, Johnston, Jack & Co., brought four actions of debt, to April Term, 1856, against John W. Duncan, to recover the amount of two promissory notes on which the defendant was the endorser, and of two drafts upon one of which he was drawer and upon the other endorser, amounting in the whole to about $8000. Statements, together with copies of the notes and bills, were filed with the prseeipes. On the same day the writs were issued, the plaintiff entered a rule to choose arbitrators in each case on the 15th March, 1856. The arbitrators were duly…
1Opinion of the Court
The opinion of the court was delivered by
Armstrong, J.
Courts have an undoubted right inherently, as well as by Act of Assembly, to establish rules to regulate their practice, and for the purpose of expediting the determination of suits, when such rules are not. inconsistent with the constitution and laws of the Commonwealth. Their object is to facilitate business, prevent unnecessary delay, and promote substantial justice. When they fail of this they cease to accomplish their legitimate purpose. In Burkhart v. Parker, 6 W. & S. 481, Justice Huston observes: “ There is no doubt of the…
2Cases cited2 opinions
- Hamer v. Humphreys, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Lusk v. GarrettSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Downes v. HODINSupreme Court of Pennsylvania · 1954
- Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
- Superior National Bank v. StadelmanSupreme Court of Pennsylvania · 1893
- Horner v. Horner, Pennsylvania Court of Common Pleas, Adams County1892
- Russ Soda Fountain Co. v. Victor Pastry Shoppe, Inc.Superior Court of Pennsylvania · 1936
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