M'Lughan v. Bovard
Supreme Court of Pennsylvania
ERROR to the special court of common pleas of Butler county, held by Shaler, president. This was a scire facias to April term 1824, upon a judgment of April term 1818,at the suit of John M’Lughan&Co. against James Bovard, John Parker, Hugh Murrin, George Knox & Co. alias The President and Directors of the Lawrenceburg Association. The plaintiffs were John M’Lughan and William Hill; the latter of whom had failed, and assigned all his interest in the suit.
Read the full summary
ERROR to the special court of common pleas of Butler county, held by Shaler, president. This was a scire facias to April term 1824, upon a judgment of April term 1818,at the suit of John M’Lughan&Co. against James Bovard, John Parker, Hugh Murrin, George Knox & Co. alias The President and Directors of the Lawrenceburg Association. The plaintiffs were John M’Lughan and William Hill; the latter of whom had failed, and assigned all his interest in the suit. The plaintiff offered in evidence the deposition of William Hill, having, previously to taking it, paid all the costs which had accrued; the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—As provision was not made to extinguish the liability of Hill for the accruing costs, his deposition was properly excluded, though the case seems to fall, in other respects, within the principle of Steele v. The Phoenix, and Willing v. Peters. The terms of the assignment to Mr Craft, who is now the real plaintiff, do not appear; and if, as has been supposed, the claim was taken by him in payment of a precedent debt, which, according to M’Ginn v. Holmes, 2 Watts 121, would leave him still liable' to the debt if the claim should prove…
2Cases cited2 opinions
- Harvey v. Turner & Co.Supreme Court of Pennsylvania · 1833
- M'Ginn v. HolmesSupreme Court of Pennsylvania · 1833
3Cited by17 opinions
- Morrett v. Fire Ass'nSupreme Court of Pennsylvania · 1919
- Romaine v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2006
- Cherniak v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1940
- Hunter v. MoulSupreme Court of Pennsylvania · 1881
- Kephart v. ButcherSupreme Court of Iowa · 1864
12 more not listed; retrieve them via the Exa API.