Legal Opinion

Peries v. Aycinena

Supreme Court of Pennsylvania

Decided December 15, 1841PublishedCited by 4 opinions

ERROR to the District Court for the city and county of Philadelphia. This was an action brought by Mariano de Aycinena, executor of Juan Fermin de Aycinena, against Adolphus Peries, administrator with the will annexed of James Yard. The declaration contained seven counts, of which five were for money paid and services rendered, by Don Juan Fermin de Aycinena, and the two others for money paid and services rendered, by his executor, Mariano de Aycinena.

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ERROR to the District Court for the city and county of Philadelphia. This was an action brought by Mariano de Aycinena, executor of Juan Fermin de Aycinena, against Adolphus Peries, administrator with the will annexed of James Yard. The declaration contained seven counts, of which five were for money paid and services rendered, by Don Juan Fermin de Aycinena, and the two others for money paid and services rendered, by his executor, Mariano de Aycinena. The claim was for money paid and services rendered, by Juan Fermin, as agent or attorney of James Yard, and money paid by Mariano the executor…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.,

(after stating the case).—The plaintiff in error has filed twelve errors, which will be noticed in their order.

1st and 2d errors. That there is a misjoinder of counts in the declaration, and that the judgment, being entered generally, is erroneous.

It is a general principle that a plaintiff cannot join, in the same declaration, a demand as executor or administrator, with another which accrued in his own right. And such misjoinder is a defect in substance, and is bad on a general demurrer, or in arrest of judgment or in error. 2 Will.…

2Cases cited6 opinions

  1. Kane v. PaulSupreme Court of the United States · 1840
  2. Fry v. EvansNew York Supreme Court · 1832
  3. Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
  4. Christopher v. StockholmNew York Supreme Court · 1830
  5. Boggs v. BardSupreme Court of Pennsylvania · 1828

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Loudon Savings Fund Society v. Hagerstown Savings BankSupreme Court of Pennsylvania · 1860
  2. Langenheim v. Anschutz-Bradberry Co.Superior Court of Pennsylvania · 1896
  3. Lea v. HopkinsSupreme Court of Pennsylvania · 1848
  4. Lehigh Coal & Navigation Co. v. MohrSupreme Court of Pennsylvania · 1877

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