Legal Opinion

West v. Simmons

Supreme Court of Pennsylvania

Decided February 11, 1837PublishedCited by 9 opinions

Writ of error to the District Court for the City ah'd County oí Philadelphia. Upon the return of the record, it appeared that Henry Simmons brought an action on the case to December Term, 1835, of that Court, against George G. West; and within the period required by law filed a copy of the note upon which the suit was brought, viz. a note for $116 75, dated January 20th, 1832, drawn by the defendant in favour of William Fulmer, and by him endorsed to the plaintiff.

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Writ of error to the District Court for the City ah'd County oí Philadelphia. Upon the return of the record, it appeared that Henry Simmons brought an action on the case to December Term, 1835, of that Court, against George G. West; and within the period required by law filed a copy of the note upon which the suit was brought, viz. a note for $116 75, dated January 20th, 1832, drawn by the defendant in favour of William Fulmer, and by him endorsed to the plaintiff. There was no copy of any protest filed with the copy of the note. On the 19th day of February, 1836, the defendant filed the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The act of the 20th of March, 1835, re-establishes the District Court for the City and' County of Philadelphia; and makes alterations in its former practice, by providing for monthly returns of process, repealing the compulsory arbitration act so, far as concerns suits in that court, and by various other enactments, apparently intended to expedite the transaction of its business., The second section contains a provision which has been the subject of argument in this and several other cases at the present term. This section enacts, “ that in…

2Cases cited1 opinion

  1. Vanatta v. AndersonSupreme Court of Pennsylvania · 1811

3Cited by9 opinions

  1. Bordentown Banking Co. v. ResteinSupreme Court of Pennsylvania · 1906
  2. Hugg v. BrownSupreme Court of Pennsylvania · 1841
  3. Bloomer v. ReedSupreme Court of Pennsylvania · 1853
  4. Rising v. PattersonSupreme Court of Pennsylvania · 1840
  5. City of New Castle v. New Castle Electric Co.Superior Court of Pennsylvania · 1896

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