Butler v. Wadley

Opinion on Petition for Rehearing.

Perkins, J.

An elaborate petition has been filed, in this cause, for a rehearing, and numerous authorities cited. We have patiently examined the petition, to see if we could find any legal ground justifying its allowance. The general proposition relied on by counsel is, that the appeal bond was without consideration; and, as supposed analogous cases, there are cited: '

1. Haymaker v. Eberly, 2 Binn. 509, to the point that a promise to forbear a suit, where no cause of action exists, is not a valuable consideration. See Spahr v. Hollingshead, 8 Blackf. 415, and…