Duffy v. Lytle
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. This was an action upon a bond, and the style of the suit was ; James Duffy and Janies Mehaffy, for the use of Henry Haines, Jun., so far as relates to the interest of James Duffy, in the bond of indemnity given to them by John Pedan and Joseph Lytle, which said James Duffy has assigned to Henry Haines, Jun., so far as relates to his interest therein, against Joseph Lytle.
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ERROR to the district court of Lancaster county. This was an action upon a bond, and the style of the suit was ; James Duffy and Janies Mehaffy, for the use of Henry Haines, Jun., so far as relates to the interest of James Duffy, in the bond of indemnity given to them by John Pedan and Joseph Lytle, which said James Duffy has assigned to Henry Haines, Jun., so far as relates to his interest therein, against Joseph Lytle. The facts of the case, which gave rise to the principles determined, are all set out in the following pleadings of the parties. “Lancaster county, ss. James Duffy and Janies…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
’According to the course of the common law, no rule seems to be better established; than that but one judgment can be had on the same bond against the same party. To this we have some exceptions created by statute, as in the case of the official bonds required to be given by sheriffs, constables, coroners, &c. It cannot be said, however, that there is any statute changing the rule of the common law in this respect, as regards the bond in question. The *131statute of eighth and ninth Wm 3, c. 11, sec. 8, is, to be sure, applicable to it, but then…
2Cited by11 opinions
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- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
- President of the Bank of the United States v. Merchants Bank of BaltimoreCourt of Appeals of Maryland · 1848
- Westcott v. EdmundsSupreme Court of Pennsylvania · 1871
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