Henderson v. Lewis
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Lancaster county. Debton bond,brought to January term, 1818, by William Lewis, surviving executor of John Godfrey, deceased, to the use of Daniel C. Jones, against George Henderson and Thomas Henderson. The sheriff returned served on Thomas Henderson, and he alone appeared.
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IN ERROR. Error to the Common Pleas of Lancaster county. Debton bond,brought to January term, 1818, by William Lewis, surviving executor of John Godfrey, deceased, to the use of Daniel C. Jones, against George Henderson and Thomas Henderson. The sheriff returned served on Thomas Henderson, and he alone appeared. The plaintiff filed a statement against Thomas Henderson alone, (mentioning a return by the sheriff of not summoned as to George Henderson,) claiming the principal and interest due upon a bond executed by the said George and Thomas Henderson, dated the 4th September; 1798, in the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J. Bv
the English statutes, where either the debt for which theaetion is brought, or that proposed to be defalked, has accrued by-reason of a specialty, the set off must be pleaded in bar: in all other cases it may be either pleaded or given in evidence on the general issue. By our act of assembly, the defendant may, in all cases, either plead it specially, or give it in evidence on notice under the plea of payment, at his election; and where payment is in fact pleaded, the additional short entry of “set off,” is* not considered as a plea, but a…
2Cases cited1 opinion
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