Legal Opinion

Lacroix v. Macquart

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 7, 1835PublishedCited by 1 opinion

THOMAS Macquart having died intestate, letters of administration of his personal estate were granted to his widow, Antoinette Macquart, one of the above named defendants, who gave bond in the usual form, dated July 12th, 1826, in the.penal sum of 2000 dollars, with Stephen Gerin and Henry Ducommun, the other defendants, as her sureties.

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THOMAS Macquart having died intestate, letters of administration of his personal estate were granted to his widow, Antoinette Macquart, one of the above named defendants, who gave bond in the usual form, dated July 12th, 1826, in the.penal sum of 2000 dollars, with Stephen Gerin and Henry Ducommun, the other defendants, as her sureties. On the 21st of August 1828, an action of debt on this bond was brought in this court in the name of the Commonwealth of Pennsylvania, against the said three defendants, and, on the 16th of October 1829, judgment for the penalty of this bond was confessed by…

1Opinion of the Court

The opinion of the Court was delivered by

Stroud, J.

The law, in regard to the amendment of pleadings, is, with us, derived from three sources: the common law, the act of assembly of the 21 si of March 1806, and the British statutes enacted prior to the Declaration of Independence. Formerly the whole doctrine of the common law on this subject was in force; but the act of assembly of March 21st, 1806 covers the same ground, so far as respects informalities affecting the merits of a cause (Franklin v. Mackey, 16 Serg. & Rawle 117 ; Diehl v. M’Glue, 2 Rawle 337), from its institution to the…

2Cases cited9 opinions

  1. Diehl v. M'GlueSupreme Court of Pennsylvania · 1830
  2. Wilson v. HamiltonSupreme Court of Pennsylvania · 1818
  3. Spackman v. ByersSupreme Court of Pennsylvania · 1821
  4. Beidman v. VandersliceSupreme Court of Pennsylvania · 1830
  5. Witmer v. SchlatterSupreme Court of Pennsylvania · 1827

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3Cited by1 opinion

  1. Dull v. Amies, Pennsylvania Court of Common Pleas, Philadelphia County1837

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