Kyle v. Wells
Supreme Court of Pennsylvania
This was an action on the case, brought by Wells & Miles, plaintiffs below, against Joseph Kyle and James Kyle, lately trading as Kyles & Co., defendants below, on a promissory note, signed Kyles & Co,, dated New York, November 26, 1832, for $812.64, payable in ninety days from the date thereof, to the order of Wells & Miles, and by them endorsed.
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This was an action on the case, brought by Wells & Miles, plaintiffs below, against Joseph Kyle and James Kyle, lately trading as Kyles & Co., defendants below, on a promissory note, signed Kyles & Co,, dated New York, November 26, 1832, for $812.64, payable in ninety days from the date thereof, to the order of Wells & Miles, and by them endorsed. The original summons, issued on the 27th November, 1843 (being ten years and nine months from the time the cause of action commenced), in the District Court for the city and county of Philadelphia, returnable to the first Monday in December, 1843.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The highest morality of a judicial or other public officer, consists in keeping himself within and yet fully performing the law of his office, because that is the rule of official duty. But the private citizen is not thus restricted, for the law falls far short of being the rule of individual duty.
There is a boundary of honor and even of honesty, however undefined, beyond which the law has no jurisdiction—there are duties which it cannot, and many others which it should not, enforce. And it is well that it is so; for where duty is compelled,…
2Cited by7 opinions
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- Martin's EstateSuperior Court of Pennsylvania · 1938
- Croman v. StullSupreme Court of Pennsylvania · 1888
- Bahny v. LevySupreme Court of Pennsylvania · 1912
- President & Board of Trustees of California College v. StephensCalifornia Court of Appeal · 1909
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