Kimball v. Kimball

the opinion of the court, in which the case is fully stated, was delivered by

Kennedy J.

This was an action of assumpsit brought by Jonathan Kimball and Peter Tyson, (who died after the commencement, and before trial of the suit,) to recover the amount of two judgments which had been entered in the court of Common Pleas of Montgomery county, in favour of Jonathan Kimball and Peter Tyson, the plaintiffs in this action, against Josiah Kimball the defendant, upon judgment bonds given by him to the plaintiffs, each for the sum of eight thousand five hundred and fifty-four dollars and twenty eight…