Beidman v. Vanderslice
Supreme Court of Pennsylvania
On a writ of error to the Court of Common Pleas of Philadelphia county ^ the facts appeared to be these:— On the lst'of December, 1827, an action was commenced before Isaac Boileau, Esq'., a justice of the peace, by Undrew Vanderslice and others, the defendants in error, against Catherine Beidman and- Michael Faunce, and Elizabeth his wife, the plaintiffs in error, “on a plea of debt or demand arising on contract.” The claim was for goods sold and delivered.
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On a writ of error to the Court of Common Pleas of Philadelphia county ^ the facts appeared to be these:— On the lst'of December, 1827, an action was commenced before Isaac Boileau, Esq'., a justice of the peace, by Undrew Vanderslice and others, the defendants in error, against Catherine Beidman and- Michael Faunce, and Elizabeth his wife, the plaintiffs in error, “on a plea of debt or demand arising on contract.” The claim was for goods sold and delivered. On the 26th of December, 1827, judgment was rendered for the plaintiffs, from which the defendants appealed to the court of Common…
1Opinion of the Court
Smith, J.,
(after stating the facts and the errors assigned,), delivered the opinion of the court, as follows: — •
As to the first error. It has been long settled, that a nolle prosequi does not amount to a retraxit, and that it may be entered as to a part of the suit, or as to one of the defendants,'where the.actibn is in its nature .joint and several, or where the defendants sever in their pleas. ' Thus, in- trespass, or other action' founded upon tort, the plaintiff may enter it at any time before final judgment as to' one or more of the defendánts, and proceed against the others. In truth;…
2Cases cited5 opinions
- Cameron v. MontgomerySupreme Court of Pennsylvania · 1825
- Mayes v. JacobySupreme Court of Pennsylvania · 1822
- Maus v. SitesingerSupreme Court of Pennsylvania · 1816
- Phillips v. OliverSupreme Court of Pennsylvania · 1819
- Shank v. WarfelSupreme Court of Pennsylvania · 1826
3Cited by4 opinions
- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Moulton v. BeecherNew York Supreme Court · 1876
- Weist v. JacobySupreme Court of Pennsylvania · 1869
- Lacroix v. Macquart, Pennsylvania Court of Common Pleas, Philadelphia County1835