Patton's administrators v. Ash
Supreme Court of Pennsylvania
. In.'Error. ERROR to the Court of Common Pleas of Northumber~ , , land county, This action was brought' by James Ash and William Hall, surviving administrators of James Craig, deceased, against the administrators of John Patton, deceased.
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. In.'Error. ERROR to the Court of Common Pleas of Northumber~ , , land county, This action was brought' by James Ash and William Hall, surviving administrators of James Craig, deceased, against the administrators of John Patton, deceased. The declaration contained, besides the usual money counts, an indebitatus assumpsit and quantum valebant for goods sold and de- ,. , . , . , livered, an znsimui computassent, and also a count laying an assumption by Patton in his life, time, to the administrators of Craig themselves. The defendants pleaded non assUmp..serunt, the act of limitations, and…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
On the trial of this cause in the Court below, the defendants’ counsel took eight bills of exceptions to evidence, and also an exception to the charge of .the Court. Each of these shall be considered in the order in which they stand on. the record.
The 1st exception was, to the challenge of a juror, claimed by the plaintiffs’ counsel, and admitted by the Court. The Act of 4th April, 1809, (5 Sm. L. 59,) gives to each party, in all civil suits, the right of challenging two jurors peremptorily, but does not direct the mode, in which the…
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