Donnelly v. Graham
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of January Term 1873, No. 5. This was an action of assumpsit, brought June 3d 1871, by Walter Graham & Co., against W. E. Willard, James Donnelly, Patrick Rafferty and William Monaghan, trading as William Willard & Co. The sheriff returned “ ‘Nihil,’ as to William E. Willard, and summoned as to the other defendants.”
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Error to the District Court of Philadelphia: Of January Term 1873, No. 5. This was an action of assumpsit, brought June 3d 1871, by Walter Graham & Co., against W. E. Willard, James Donnelly, Patrick Rafferty and William Monaghan, trading as William Willard & Co. The sheriff returned “ ‘Nihil,’ as to William E. Willard, and summoned as to the other defendants.” The declaration, filed October 23d 1871, was, “James Donnelly, Patrick Rafferty and William Monaghan, who were sued with William P. Willard, trading,” &c., were attached to answer the plaintiffs, &c.; the declaration being in the…
1Opinion of the CourtJustice Gokdon
The summons in this case was issued against William F. Willard, James Donnelly, Patrick Rafferty and William Monaghan, as partners trading under the firm name of William Willard & Co. Service was not had upon Willard, and he is therefore not in the case. The other three were served. The plaintiffs’ narr. charged the defendants with a joint indebtedness. Monaghan and Donnelly appeared and pleaded, but Rafferty did neither. The plaintiffs, however, without first taking an interlocutory judgment against Rafferty for want of appearance, proceeded to trial, and obtained a verdict and judgment…
2Cases cited1 opinion
- Nelson v. LloydSupreme Court of Pennsylvania · 1839
3Cited by5 opinions
- Dunlap Printing Co. v. RyanSupreme Court of Pennsylvania · 1923
- Corcoran & Co. v. TrichSupreme Court of Pennsylvania · 1887
- Heinneman v. Miller, Pennsylvania Court of Common Pleas, Luzerne County1901
- Meyers v. Stern, Pennsylvania Court of Common Pleas, Philadelphia County1945
- Ziernicki v. Gazdzik, Pennsylvania Court of Common Pleas, Philadelphia County1923