M'Credy v. Fey
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. This was an action on the case founded upon a due bill by Dennis M’Credy against Thomas Fey, in which the defendant pleaded payment and set off. After the cause had progressed so far as that the evidence had all been heard on both sides, the plaintiff offered to become nonsuit; to which the defendant objected, on the ground that he had pleaded a set off.
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ERROR to the district court of Alleghany county. This was an action on the case founded upon a due bill by Dennis M’Credy against Thomas Fey, in which the defendant pleaded payment and set off. After the cause had progressed so far as that the evidence had all been heard on both sides, the plaintiff offered to become nonsuit; to which the defendant objected, on the ground that he had pleaded a set off. Per Curiam.—The defendant has pleaded a setoff, has given evidence by which he claims, and possibly may recover, a verdict certifying a sum due in his favour; the court consider themselves…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
That according to the rule of (he common law no verdict could be given unless the plaintiff, by himself, attorney or counsel, appeared in court, cannot, I apprehend, be questioned. 3 Bl. Com. 376. The reason of this rule originally seems to have been that, the plaintiff being liable to be amerced in case the jury delivered a verdict against him as a punishment for his false claim, it was therefore necessary that he should either be present in person or by his attorney or counsel in order to answer to such amercement, otherwise no verdict…
2Cases cited2 opinions
- Lewis v. CulbertsonSupreme Court of Pennsylvania · 1823
- Forrester v. BarretNew York Supreme Court · 1800
3Cited by14 opinions
- Consolidated National Bank v. McManusSupreme Court of Pennsylvania · 1907
- Supply Ditch Co. v. ElliottSupreme Court of Colorado · 1887
- Gilmore v. ReedSupreme Court of Pennsylvania · 1875
- Davis Cookie Co., Inc. v. WasleySupreme Court of Pennsylvania · 1989
- Severance v. Heyl & PattersonSuperior Court of Pennsylvania · 1934
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