Dewey v. Dupuy
Supreme Court of Pennsylvania
THIS was a Writ of Error to the District Court for the city and county of Philadelphia, in which judgment was entered for the plaintiff John Dupuy, Jr., brought an action of covenant against John S. Silver and William Dewey, and filed the following copy of the deed on which the suit was founded:— “ For and in consideration of the sum of Í1000 per annum, to be paid to him in equal quarterly payments after the first day of March next (A. D. 1837), John Dupuy, Jr., hereby rents…
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THIS was a Writ of Error to the District Court for the city and county of Philadelphia, in which judgment was entered for the plaintiff John Dupuy, Jr., brought an action of covenant against John S. Silver and William Dewey, and filed the following copy of the deed on which the suit was founded:— “ For and in consideration of the sum of Í1000 per annum, to be paid to him in equal quarterly payments after the first day of March next (A. D. 1837), John Dupuy, Jr., hereby rents and leases unto Joseph S. Silver and William Dewey, for the full term of five years from March 1837, all that certain…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first error assigned embraces the question whether the plaintiff ought not to have filed a declaration or statement of his cause of action, before the District Court could give judgment by default against the defendant, under the Act of 28th of March 1835, for the insufficiency of his affidavit. It is understood that it has been the settled practice of the District Court, since the enactment of the law, not to require a declaration or statement, and it ought to be very clear that the Act of Assembly required it, either expressly or on…
2Cited by8 opinions
- Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
- Johnston v. CowanSupreme Court of Pennsylvania · 1868
- Kunckle v. WynickSupreme Court of the United States · 1788
- Frank v. MaguireSupreme Court of Pennsylvania · 1862
- Shand v. McCloskeySuperior Court of Pennsylvania · 1905
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