Cridland v. Floyd
Supreme Court of Pennsylvania
In Error. THE defendant in error, John Floyd, brought an action Qf trespass, quare clausum fregerunt, &c. in the District Court for the city and county of Philadelphia, against Caleb and _ . . . ,, , _ . 1 , ° , , _ Benjamin Cndland, Peter Care,jr., Robert Black, Stephen Fotterall, and George F. Alberti, the plaintiffs in error, to March Term, 1819. A general appearance was entered for the defendants, and a declaration filed, counting against them jointly.
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In Error. THE defendant in error, John Floyd, brought an action Qf trespass, quare clausum fregerunt, &c. in the District Court for the city and county of Philadelphia, against Caleb and _ . . . ,, , _ . 1 , ° , , _ Benjamin Cndland, Peter Care,jr., Robert Black, Stephen Fotterall, and George F. Alberti, the plaintiffs in error, to March Term, 1819. A general appearance was entered for the defendants, and a declaration filed, counting against them jointly. The two Cridlands pleaded to issue on the 26th August, 1819; and the plaintiff, on the same day, entered a rule upon the other four…
1Opinion of the CourtDuncan, J.
The simple point is, are the defendants against whom judgment by default was entered on the day of the trial, but previously thereto, bound by the assessment of the damages on the issue tried between the plaintiff and two defendants who
*413pleaded? And one, on the first opening of the case, would imagine that a proposition so simple in itself could admit of little doubt, and that a matter which must so frequently have oc- ’ , _ , . , , . . . curred, had been fixed by some settled practice—yet, so it is, that perhaps there is no question in which there is to be found so great uncertainty and…
2Cases cited2 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Proprietors of the Kennebeck Purchase v. BoultonMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Brown v. CaldwellSupreme Court of Pennsylvania · 1823