White v. Leeds
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county. In the court below this was an action of debt, by Alexander S. Leeds for the use of W. C. Kingsley against Alexander M. White and Benjamin F. Ruff, on two sealed notes for $2000 each. There had been a previous suit between the same parties for the same cause of action, in which on trial, April 5th 1864, the plaintiff suffered a nonsuit.
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Error to the Court of Common Pleas of Indiana county. In the court below this was an action of debt, by Alexander S. Leeds for the use of W. C. Kingsley against Alexander M. White and Benjamin F. Ruff, on two sealed notes for $2000 each. There had been a previous suit between the same parties for the same cause of action, in which on trial, April 5th 1864, the plaintiff suffered a nonsuit. The writ in this case issued July 29th 1864, returnable the first Monday in September, and on the day of its issue was served on White, and returned “ nihil'” as to Ruff. On August 1st declaration and copy…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The judgment by default for want of an affidavit of defence, was entered in this case in pursuance of the Act of the 11th February 1847, known as the Mercer County Act (Purd. p. 804), which was extended to the county of Indiana by the Act of the 15th April 1858 (Pamph. L. 266). There were fifty-seven days from the service of the writ to the entry of the judgment, and the state of facts from the record presents a regular judgment obtained in accordance with the Acts of Assembly, and it was not asked to be set aside for any irregularity. This…
2Cases cited2 opinions
- Kalbach ex rel. Reber v. FisherSupreme Court of Pennsylvania · 1829
- Nice v. BowmanSupreme Court of Pennsylvania · 1837