Lowry v. McMillan
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Blair county. May 22. This was an action on the case for breach of promise of marriage, brought by Eliza McMillan, the defendant in error, against John E. Lowry, the plaintiff in error.
Read the full summary
In error from the Court of Common Pleas of Blair county. May 22. This was an action on the case for breach of promise of marriage, brought by Eliza McMillan, the defendant in error, against John E. Lowry, the plaintiff in error. This suit was brought to December Term, 1846. It appeared that a previous suit, for the same cause of action, had been brought by the same plaintiff against the same defendant, in the Court of Common Pleas of Huntingdon county, to April Term, 1846, No. 76; and that the said suit had been withdrawn, or discontinued, by virtue of the following order or authority, given…
1Opinion of the CourtCoulter, J.
Seventeen errors are assigned for the purpose of overturning the judgment below; but the counsel for plaintiff in error, with a laudable economy of the time of this court, declined to press upon us any of them except the twelfth. We shall therefore dismiss- all the rest, with this observation, that neither separately nor collectively do they possess weight or substance.
The twelfth regards the instruction prayed for by the counsel, to wit: that the discontinuance and withdrawal of the suit between the same parties, No. 76, April Term, 1846, ought to be considered as a retraxit, and a bar to…
2Cited by6 opinions
- Sackett v. RoseSupreme Court of Oklahoma · 1916
- Sale v. Ambler (Emmett)Supreme Court of Pennsylvania · 1939
- General Electric Co. v. Sapulpa & I. Ry. Co.Supreme Court of Oklahoma · 1915
- Watkins v. NeffSupreme Court of Pennsylvania · 1927
- Wilson v. SmithU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.