M'Coy v. Lightner
Supreme Court of Pennsylvania
ERROR to Huntingdon county. This was an action of assumpsit by Joel W. Lightner, against William J. M’Coy and John M. M’Coy, trading under the firm of M’Coy & M’Coy. The process was served on John M. M’Coy alone. The facts of the case are fully stated in the opinion of the court.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This action was commenced by the defendant in *348error against the plaintiff in error before a justice of the peace of Huntingdon county, by suing out a writ against him and his bro-> ther, William J. M’Coy, jointly, which was served only on the plaintiff in error, and therefore the suit was proceeded in against him alone. After a trial had before the justice, it was brought by appeal into the court of common pleas of that county. The object of the suit was to recover the price of corn, oats, and other things alleged to have been sold and…
2Cases cited1 opinion
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
3Cited by5 opinions
- Carter v. ConnellSupreme Court of Pennsylvania · 1836
- Wolle v. BrownSupreme Court of Pennsylvania · 1839
- Bassett v. SpoffordSuperior Court of New Hampshire · 1840
- Kent v. GarvinMassachusetts Supreme Judicial Court · 1854
- Jackson v. Tilghman, Pennsylvania Court of Common Pleas, Philadelphia County1835