Weist v. Jacoby
Supreme Court of Pennsylvania
May 10th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Absent, Read, J. Error to tbe Court of Common Pleas of Cumberland county: No. 89, to May Term 1869. This action was in debt, and was brought April 7th 1866, by Christian Jacoby against James P. Woods, Jane P. Woods and Leonard Weist.
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May 10th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Absent, Read, J. Error to tbe Court of Common Pleas of Cumberland county: No. 89, to May Term 1869. This action was in debt, and was brought April 7th 1866, by Christian Jacoby against James P. Woods, Jane P. Woods and Leonard Weist. Tbe suit was on tbe following note: “$200. _ June 8, 1865. _ “ Six months after date we or either of us promise to pay to tbe order of Christian Jacoby tbe sum of two hundred dollars, for value received, without defalcation. James P. Woods, Jane P. Woods, Leonard Weist.” Jane P. Woods filed…
1Opinion of the Court
The opinion of the court was dfelivered,
by Thompson, C. J.
The single question in this case is, whether the plaintiff may legally have judgment against two of the defendants, the third having pleaded coverture, and having been discharged by a finding of the arbitrators in her favor on this plea, and by an entry of a nolle prosequi by leave of court, as to her after appeal. The court below thought he could, and entered judgment in accordance with that opinion on the case stated.
That a plaintiff may enter a nolle prosequi as to a defendant 'who pleads matters personal to him or herself entitling…
2Cases cited1 opinion
- Beidman v. VandersliceSupreme Court of Pennsylvania · 1830
3Cited by3 opinions
- Wolff v. WilsonSuperior Court of Pennsylvania · 1905
- Baldwin v. ElySuperior Court of Pennsylvania · 1937
- Fidelity & Deposit Co. v. PhillipsSupreme Court of Pennsylvania · 1912