Kauffman v. Kauffman
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of the County of Northampton. In the court below,-Elizabeth Kauffman brought an action on the case against “ John Kauffman and John Kauffman-the younger, executors of the last will of Jacob Kauffman, deceased; Jacob Kauffman, devisee of the said deceased, and Samuel Jacoby, tenant of the lands and tenements whereof the said deceased 'died seised, and which he devised to Jacob Kauffman.”
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This was a writ of error to the Court of Common Pleas of the County of Northampton. In the court below,-Elizabeth Kauffman brought an action on the case against “ John Kauffman and John Kauffman-the younger, executors of the last will of Jacob Kauffman, deceased; Jacob Kauffman, devisee of the said deceased, and Samuel Jacoby, tenant of the lands and tenements whereof the said deceased 'died seised, and which he devised to Jacob Kauffman.” The process was returned “ nihil,” as to Jacob Kauffman the devisee. The declaration, which was in assumpsit, set forth that “ Whereas the said Jacob…
1Opinion of the Court
The opinion of the Court was delivered by'
Hustoit, J.
It is admitted that nothing was said in the court below on the subject of the judgment in favour of the defendant; and it is agreed, that on a motion in arrest of judgment, there cannot be a judgment entered for the defendant: this would preclude the plaintiff from another suit. It is true, that, generally, on a special verdict, there is a judgment for one party or the other; but in this case, and generally where the cause goes off on a motion in arrest of judgment, or for reasons depending on a mistake in declaration, or in the form of…
2Cases cited3 opinions
- Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
- Brown v. FurerSupreme Court of Pennsylvania · 1818
- Long v. LongSupreme Court of Pennsylvania · 1832