Kennedy v. Hughey
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Alleghany county. The following was the case stated for the opinion of the court below, to be considered as a special verdict, with leave to either party to take a writ of error. An action on the case for consequential damages was brought by Hughey against Kennedy, before justice Beltzhoover, who entered judgment for Hughey for 30 dollars and costs of suit.
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WRIT of error to the court of common pleas of Alleghany county. The following was the case stated for the opinion of the court below, to be considered as a special verdict, with leave to either party to take a writ of error. An action on the case for consequential damages was brought by Hughey against Kennedy, before justice Beltzhoover, who entered judgment for Hughey for 30 dollars and costs of suit. Kennedy appealed to the court of common pleas of Alleghany county, in which the suit was entered No. 329 of August term 1826. Hughey arbitrated the cause under the compulsory arbitration law,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
In Duncan v. Kirkpatrick, 13 Serg. & Rawle 292, it was held that assumpsit would not lie to recover back money collected by execution upon a judgment of the court of common pleas of Franklin county, which had been reversed with an order that the money should be restored; but it was thought that such action might have been maintained had not an order of restitution accompanied the reversal of the judgment. In Feltham v. Terry, Lofft's Rep. 207; Bull. N. P. 131, it was ruled, that where the defendant had levied money by selling the plaintiff’s…
2Cases cited2 opinions
- Duncan v. KirkpatrickSupreme Court of Pennsylvania · 1825
- Hinds v. WillisSupreme Court of Pennsylvania · 1825
3Cited by2 opinions
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Henning v. KeiperSuperior Court of Pennsylvania · 1910