Lewis v. Ewing
Supreme Court of Pennsylvania
In Error. ERROR to the District Court of the city and county of Philadelphia. On the 10th July, 1811, an agreement was signed by Samuel Ewing, administrator,, with the will annexed of George Taylor deceased, during the absence of the executor of the said Taylor, and William Lewis, to enter an amicable action as of June Term, 1811. The action was accordingly entered on the 27th November, 1811. On the 29th November, 1811, the plaintiff filed his declaration, and on the 3d…
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In Error. ERROR to the District Court of the city and county of Philadelphia. On the 10th July, 1811, an agreement was signed by Samuel Ewing, administrator,, with the will annexed of George Taylor deceased, during the absence of the executor of the said Taylor, and William Lewis, to enter an amicable action as of June Term, 1811. The action was accordingly entered on the 27th November, 1811. On the 29th November, 1811, the plaintiff filed his declaration, and on the 3d December, 1811, he entered judgment for want of an affidavit of defence. A scire facias was issued thereupon, to March Term,…
1Opinion of the Court
Tilghman C. J.
This is an action on the case, brought
in the District Court for the city and county of Philadelphia, by Samuel Ewing administrator of George Taylor, with his will annexed, &c. against William Lewis. The action was entered on the 27th November, 1811, as of June Term, 1811, by virtue of an agreement between the parties, dated July 10th, 1811. On the 29th November, 1811, the plaintiff filed his declaration; and on the 3d December, 1811, he entered judgment for want of the defendant’s affidavit, that he had a just defence, according to a rule of the District Court. That Court, at…
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