Legal Opinion

Crosby v. Massey

Supreme Court of Pennsylvania

Decided May 15, 1830Published

Error to the Common Pleas of Schuylkill county. This action was instituted by the entry of the following agreement between the parties.

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Error to the Common Pleas of Schuylkill county. This action was instituted by the entry of the following agreement between the parties. Lydia Massey and others. > Neil Crosby and Patrick Crosby. ) Amicable action in trespass on case‘ We, the defendants above named, hereby authorize and require -the prothonotary of the court of Common Pleas] of Schuylkill county, to enter up the above stated amicable action of trespass on the case to July term, 1827, and we agree that the same proceedings be had thereon, as though we had been regularly summoned. In witness whereof, we have hereunto set our…

1Opinion of the Court

The opinion of the court was delivered by

Huston, J.,

(who stated the facts of the case.) — It has been contended here, that the judgment was irregularly signed, was erroneous, that defendants had a right to wait till final judgment on the inquisition, and if the inquest awarded a small sum, acquiesce; if a large one, take a writ of error and reverse it.

Perhaps there was a time when such was the law, but much of what was once the subject of a writ of error in England, or of audita querila is now relieved from on motion, and I doubt whether any counsel, would venture to argue a writ of error in…

2Cases cited1 opinion

  1. Morrison v. WetherillSupreme Court of Pennsylvania · 1822

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