Bach v. Burke
Supreme Court of Pennsylvania
APPEAL BY DEEENDANT EROM THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. July Term 1890, Sup. Ct.; court below, No. 45 June Term 1884, C. P. On May 16, 1884, Amandus Bacb brought foreign attachment in case against John A. Burke. A narr, not shown in the paper-books, was filed April 5, 1885, and on April 21st, the defendant by his attorneys pleaded non-assumpsit, set-off, payment with leave, etc.
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APPEAL BY DEEENDANT EROM THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY. July Term 1890, Sup. Ct.; court below, No. 45 June Term 1884, C. P. On May 16, 1884, Amandus Bacb brought foreign attachment in case against John A. Burke. A narr, not shown in the paper-books, was filed April 5, 1885, and on April 21st, the defendant by his attorneys pleaded non-assumpsit, set-off, payment with leave, etc. It appeared that the case was on the trial-list twice in 1886, four times in 1887, and four times in 1888, and each time marked “ continued.” On December 13, 1888, the defendant presented a petition,…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
On the facts presented in the petition there was an agreement between the parties, upon a good consideration, to discontinue this suit, and the agreement was known to and so far acquiesced in by the counsel as to bring it within the summary jurisdiction of the court to enforce by rule. This is entirely clear, upon the authority of Wilkins v. Burr, 6 Binn. 389, an almost exactly analogous case which Chief Justice Tilg-hman held to fall “within the reason of that principle by which *652courts compel the specific execution of agreements concerning suits depending before…
2Cases cited1 opinion
- Wilkins v. BurrSupreme Court of Pennsylvania · 1814
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