Kirkpatrick v. Kirkpatrick
Supreme Court of Pennsylvania
Certificate from the Nisi Prius. These were actions on the case, brought to January Term 1859, by Robert B. Kirkpatrick, and Sarah his wife, against Edwin Kirkpatrick, Mahlon Hutchinson, and Charles C. Culin; and to November Term 1859, by Robert B. Kirkpatrick against Edwin Kirkpatrick, Mahlon P. Hutchinson, Charles C. Culin, Alexander E. Kirkpatrick, Francis A. Kirkpatrick, and Jacob H. Lex. The former case was tried before Justice Thompson, the latter before Justice Read.
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Certificate from the Nisi Prius. These were actions on the case, brought to January Term 1859, by Robert B. Kirkpatrick, and Sarah his wife, against Edwin Kirkpatrick, Mahlon Hutchinson, and Charles C. Culin; and to November Term 1859, by Robert B. Kirkpatrick against Edwin Kirkpatrick, Mahlon P. Hutchinson, Charles C. Culin, Alexander E. Kirkpatrick, Francis A. Kirkpatrick, and Jacob H. Lex. The former case was tried before Justice Thompson, the latter before Justice Read. As both cases grew out of the same transaction, and were disposed of at Nisi Prius in the same way, they were considered…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
—
A majority of us agree that the first reason assigned in the opinion, overruling the motion to take off the *299nonsuit, and for a new trial, was of itself sufficient to authorize the nonsuit; and we all agree that the second was so; and that want of probable cause was not shown. That opinion sufficiently expresses the views of this court, and we think that further elaboration of the doctrines therein asserted is not necessary. For the reasons there given, the
Judgment is affirmed.
The second of the above cases arose out of the same prosecution…
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