Mattern v. McDivitt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county: Of January Term 1885, No. 257. Debt, brought by Nathan G. McDivitt, administrator of David Whitesel, deceased, against John W. Mattern, May 22d, 1882. Pleas, nil debet, payment with leave, actio non accrevit infra sex annos. The action was on a book account running from November 21st, 1867, to June 18th, 1879, amounting to $484.06, with no credits whatever.
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Error to the Court of Common Pleas of Huntingdon county: Of January Term 1885, No. 257. Debt, brought by Nathan G. McDivitt, administrator of David Whitesel, deceased, against John W. Mattern, May 22d, 1882. Pleas, nil debet, payment with leave, actio non accrevit infra sex annos. The action was on a book account running from November 21st, 1867, to June 18th, 1879, amounting to $484.06, with no credits whatever. The plaintiff filed with his declaration a statement of the book account of the decedent, upon which the suit was brought, verified by his affidavit in the language of the following…
1Opinion of the CourtJustice Trunkey
“All actions upon account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants,” shall be commenced or sued within six years next after the cause of such action or suit, and not after. This limitation in the statute of 1713 is in identical phrase with the statute of 21 James I., c. 16, upon the same subject, and had the Courts construed it in accord with the legislative will as expressed, there would have been no difficulty in tinderstanding it in the same way as it was finally understood in England when it…
2Cases cited2 opinions
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- M'Divitt's v. M'DivittSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- Rabben v. SteinbergSuperior Court of Pennsylvania · 1958
- McFarland v. O'NeilSupreme Court of Pennsylvania · 1893
- Morgan v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1906
- Spitzel v. HuntSuperior Court of Pennsylvania · 1909
- Hudson v. HudsonSuperior Court of Pennsylvania · 1902
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