Legal Opinion

Morrison v. Wetherill

Supreme Court of Pennsylvania

Decided September 9, 1822PublishedCited by 3 opinions

In Error. ERROR to Allegheny county. , . A summons, in case, was issued by the defendant in error, 7 7 J " Rgainst the. plaintiff in error, to November Term, 1817, which was returned, “ Served.”

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In Error. ERROR to Allegheny county. , . A summons, in case, was issued by the defendant in error, 7 7 J " Rgainst the. plaintiff in error, to November Term, 1817, which was returned, “ Served.” On the 11th November, 1817, a declaration was filed, in which the plaintiff declared against the defendant. as the endorser of a promissory note, and on the ^d February, 1818, on motion of the counsel for the plaintiff", judgment was entered for> the plaintiff “ in default of an appearance.” A writ of inquiry was executed on 14th March, 1818, and the plaintiff’s damages' assessed at five thousand four…

1Opinion of the Court

The opinion of the Court was delivered by

Duncan J. —

-The writ, the declaration, and all the proceedings in this case, shew that it was not founded or conducted according to the directions of the Act'of 21st March 1806. The writ is in case, and not in debt. There is a regular declaration filed, and there is an interlocutory judgment, and not one for a definite sum. The damages are assessed by writ of inquiry. It is then to be considered as a proceeding under the Act of 20th March, 1724, regulating the practice on writs of summons and arrest, which provides, that if the defendant on the return…

2Cases cited1 opinion

  1. Fitzsimons v. SalomonSupreme Court of Pennsylvania · 1810

3Cited by3 opinions

  1. Foreman v. SchriconSupreme Court of Pennsylvania · 1844
  2. Nice v. BowmanSupreme Court of Pennsylvania · 1837
  3. Crosby v. MasseySupreme Court of Pennsylvania · 1830

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