Noble's Administrator v. Laley
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action on the case brought by Joseph W. Patten, administrator of Robert Noble, deceased, against Christian Laley, George Laley, and Susan Laley. The plaintiff filed a declaration containing three counts, viz.:— 1st. The common count for money laid out and expended. 2d.
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Error to the Common Pleas of Cumberland county. This was an action on the case brought by Joseph W. Patten, administrator of Robert Noble, deceased, against Christian Laley, George Laley, and Susan Laley. The plaintiff filed a declaration containing three counts, viz.:— 1st. The common count for money laid out and expended. 2d. That the defendants were engaged in the business of buying and selling horses, and purchased the same on credit, pretending that they, would pay for the same when sold, and thus procured the plaintiff’s intestate to be their security in notes; that they purchased the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
Assumpsit and tort cannot be joined. There was no error, therefore, in compelling the plaintiff to elect the count upon which he would proceed; nor.was it error to swear the jury as to the remaining defendant, the others having confessed a general judgment.- Such a judgment is interlocutory'only, and the damages remained to be assessed. When an interlocutory judgment is entered against one, the writ of venire tarn ad triandum quam ad inquirendum, in practice, is seldom issued; but it is usual to swear the jury trying the issue against the…
2Cases cited2 opinions
- Ridgely v. DobsonSupreme Court of Pennsylvania · 1842
- Bank of the United States v. ThayerSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Bialek v. Pittsburgh Brewing Co.Supreme Court of Pennsylvania · 1968
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- Burke v. BurkeSupreme Court of Pennsylvania · 1913
- Strause v. BraunreuterSuperior Court of Pennsylvania · 1900
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