Magaw v. Clark
Supreme Court of Pennsylvania
ERROR to the common pleas of Craioford county. William Magaw & Co. against William Clark and Daniel Shryock, surviving partners of Samuel B. Magaw, deceased. This was an action of assumpsit for goods, &c., sold the defendants, before the 1st of January 1825, originally brought to February term 1825, No. 33. The summons was served on Shryock only; Clark, having at that time or soon after removed out of the county.
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ERROR to the common pleas of Craioford county. William Magaw & Co. against William Clark and Daniel Shryock, surviving partners of Samuel B. Magaw, deceased. This was an action of assumpsit for goods, &c., sold the defendants, before the 1st of January 1825, originally brought to February term 1825, No. 33. The summons was served on Shryock only; Clark, having at that time or soon after removed out of the county. In 1830, on the return of Clark, an alias summons was issued and served on hoth, on the 16th of February 1830, viz. No. 2 of April term 1830, and narr, filed against both, on the 2d…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The decision of the court below on the defendant’s demurrer, seems tox have been right. To save the bar of the statute of limitations, the plaintiff may reply a writ issued within six years, but he must show, that it has been continued down to the time of declaring. These continuances are mere matters of form, and may be entered at any time, 1 Dall. ; 2 Dall. 378; 8 Serg. & Rawle 380; 5 Rawle 254; 2 Salk. 240, provided there be a ground laid for 'entering them Try having a return of the first writ. But it must appear, that the court has,…
2Cases cited2 opinions
- Jones v. OrumSupreme Court of Pennsylvania · 1835
- Pennock v. HartSupreme Court of Pennsylvania · 1822
3Cited by7 opinions
- Anderson v. Bernhard Realty Sales Co.Superior Court of Pennsylvania · 1974
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. HarrisonSupreme Court of Pennsylvania · 1944
- Wann v. PattengaleSupreme Court of Pennsylvania · 1850
- Anderson v. Bernhard Realty Sales Co.Superior Court of Pennsylvania · 1974
- McCaffrey v. Dowell, Pennsylvania Court of Common Pleas, Adams County1945
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