Savage v. Everman
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 75, to July Term 1870. This was an action of debt, to March Term 1868, of the District Court, brought by John W. Everman against John R. Savage and others, trading as.
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Error to the District Court of Philadelphia: No. 75, to July Term 1870. This was an action of debt, to March Term 1868, of the District Court, brought by John W. Everman against John R. Savage and others, trading as. Savage, Martin & Co. The cause of action was a judgment by default in the Supreme Court of New Jersey, in a suit by the plaintiff against the defendants, for $810.47. In-the suit in the District Court, the defendants pleaded “Nil deberunt,” “Nul tiel record,” and “Payment with leave, &c.” They also pleaded specially, viz.:— “ That after th,e making of the said several promises…
1Opinion of the Court
The opinion of the court was delivered, January 29th 1872, by
Sharswood, J.
Anciently, it seems to have been considered that nothing could be pleaded to an action on a judgment which was matter in pais and not of record. Thus even payment was held (30 Eliz.) not to be a good plea: Ordway & Perote’s Case, 2 Leon. 213.' Of course accord and satisfaction fell within the same category: Littleford v. LeMayn, Cro. Jac. 579. For remedy, it was enacted by the statute (4 Anne, c. 16, sect. 12), that “ where any action shall be brought upon any single bill, or where action of debt or scire facias shall…
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