Girard v. Stiles
Supreme Court of Pennsylvania
The plaintiff declared in covenant, and laid his damages at $2000. On a trial this termhe obtained a verdict for $2856.38, and Mr. Blair, for the defendant, entered a motion in arrest of judgment. now stated and verified the following facts to the court: A former action was brought by Stiles against Girard on a lease (the foundation of the present suit) for rent, to March term, 1798, on which it was agreed, that new actions should not be brought.
Read the full summary
The plaintiff declared in covenant, and laid his damages at $2000. On a trial this termhe obtained a verdict for $2856.38, and Mr. Blair, for the defendant, entered a motion in arrest of judgment. now stated and verified the following facts to the court: A former action was brought by Stiles against Girard on a lease (the foundation of the present suit) for rent, to March term, 1798, on which it was agreed, that new actions should not be brought. A trial was had therein and a verdict for the plaintiff taken by consent. The judgment entered thereon was afterwards carried up to the High Court…
1Opinion of the Court
The court declared that they were strongly inclined to treat *3the plaintiff’s motion with the utmost liberality, but were not disposed to make new precedents. They continued the matter under advisement for a few days.
Afterwards the court said they had considered both points fully, and were sorry that notwithstanding their personal feelings, they were obliged to refuse the motion. It appeared from the notes of the trial that the whole sum demanded was not recovered; and they could not possibly discriminate between what was found due in the action of covenant and on the agreements. It would…
2Cited by3 opinions
- Thompson v. MusserSupreme Court of the United States · 1789
- Executors of Van Rensselaer v. Executors of PlatnerNew York Supreme Court · 1800
- Bogart v. M'DonaldNew York Supreme Court · 1801