Eby's Appeal
Supreme Court of Pennsylvania
Appeal from the decree at Nisi Prius: Of July Term 1870. The bill in this case was filed, April 18th 1870, by Ann W. Eby by her next friend, &c., against John P. Cowan.
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Appeal from the decree at Nisi Prius: Of July Term 1870. The bill in this case was filed, April 18th 1870, by Ann W. Eby by her next friend, &c., against John P. Cowan. The bill set out that the plaintiff had been the wife of Joseph Gonder, deceased, and was devisee, &c., of all his real and personal estate; that Gonder and Cowan, the defendant, had become the purchasers of five tracts of land in Elk county, Pennsylvania, the purchase-money for which Cowan had represented to be $2400, and on account of it Gonder had paid Cowan $1224.50, but the consideration for the land was but $900; that…
1Opinion of the Court
The opinion of the court was delivered, January 16th 1872, by
Sharswood, J.
It is certainly important that the true construction of the Act of Assembly of April 6th 1859 (Pamph. L. 3 87) should be settled. It provides for the service of process in' certain cases' in • equity, upon defendants not resident or found within the jurisdiction of the court. Upon the broad interpretation of the act here contended for, defendants not within the jurisdiction of the court can be served wif«h process, and of course be bound by the decree within the Commonwealth in all cases of equity cognisance. If such a…
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