Hunter v. Reilly
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action of assumpsit by James Beilly against Jacob V. B. Hunter, in which the plaintiff filed a copy of a due-bill, as his cause of action, as follows:— ‘ “ Sally Ann Furnace, June 11, 1858. “Balance due James Beilly, at settlement, $345.33. “ Jacob V. B. Huntjsr, “ per Levi H. Springer.”
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Error to the Common Pleas of Berks county. This was an action of assumpsit by James Beilly against Jacob V. B. Hunter, in which the plaintiff filed a copy of a due-bill, as his cause of action, as follows:— ‘ “ Sally Ann Furnace, June 11, 1858. “Balance due James Beilly, at settlement, $345.33. “ Jacob V. B. Huntjsr, “ per Levi H. Springer.” Endorsed — “ Paid $190.00. July 6th 1858.” David Weiser filed the following affidavit of defence to the plaintiff’s claim, under the Act of 21st April 1852, Pamph. Laws 386:— “David Weiser, upon his solemn affirmation, doth affirm and say, that he is a…
1Opinion of the Court
*511The opinion of the court was delivered by
Thompson, J.
The main point of this case is involved in the question, whether a party interested to defeat a recovery by the plaintiff below, although not a party on record, is competent to make an affidavit of defence, otherwise sufficient to prevent the plaintiff from taking judgment, under the Act of Assembly of the 21st of April 18.52. This act is special, and applies only to Tioga and Berks counties. The record does not disclose the grounds upon which the judgment below was éntered for the plaintiff, whether for incompetency in the party making the…
2Cases cited1 opinion
- Sleeper v. DoughertySupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Safety Banking & Trust Co. v. ConwellSuperior Court of Pennsylvania · 1905
- Hutton v. McLaughlinSuperior Court of Pennsylvania · 1896
- Brainerd v. DavisSuperior Court of Pennsylvania · 1902
- Strassburger v. Johnson, Pennsylvania Court of Common Pleas, Dauphin County1928
- Commonwealth v. Turner, Pennsylvania Court of Common Pleas, Philadelphia County1940