Legal Opinion

Power v. Frick

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 2 opinions

Error to the Court of Common Pleas of Perry county. The defendant in error moves to quash this writ of error, for the reason that the judgment was rendered by the court below, 9th of April, 1851, and a writ of error was sued out to May Term, 1851, and that coming on for argument, the plaintiff in error took a nonsuit.

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Error to the Court of Common Pleas of Perry county. The defendant in error moves to quash this writ of error, for the reason that the judgment was rendered by the court below, 9th of April, 1851, and a writ of error was sued out to May Term, 1851, and that coming on for argument, the plaintiff in error took a nonsuit. The record having been returned to the court below, the plaintiff in error voluntarily paid the amount of the judgment, and took the receipt of the plaintiff below, upon the record of the judgment. After which, to May Term, 1852, this second writ of error is sued out, and…

1Opinion of the Court

The opinion of the court was delivered in 1854, by

Woodward, J.

— The counsel for the defendant in error moved to quash this writ of error, on the ground that a previous writ had been non pros’d in this coux-t, through the negligence of the plaintiff in error, and he expressed a desire for the opinion of the court on the question, whether under such circumstances a second writ will lie.

*307The point ruled in Birch v. Triste, 8 East, 412, is, that where a first writ of error abates, or is put an end to by the act of the plaintiff in error, a second writ of error, brought in the same court, is not a…

2Cases cited1 opinion

  1. Baker v. HainesSupreme Court of Pennsylvania · 1841

3Cited by2 opinions

  1. Sheerer v. GrierSupreme Court of Pennsylvania · 1837
  2. Railroad Co. v. BeltOhio Supreme Court · 1880

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