Lee v. Wright
Supreme Court of Pennsylvania
■ This case, which was an action brought by the defendants in error, .Jane Wright and others, who were stated in the -writ to be '.he infant children of John Wright, deceased, and who sued by their guardian, against William Lee, the plaintiff in error, had been before this court at a former term; when the judgment of the'District Court was reversed, and a venire facias de novo awarded.
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■ This case, which was an action brought by the defendants in error, .Jane Wright and others, who were stated in the -writ to be '.he infant children of John Wright, deceased, and who sued by their guardian, against William Lee, the plaintiff in error, had been before this court at a former term; when the judgment of the'District Court was reversed, and a venire facias de novo awarded. Sep 14 Serg. & Rawle, 105. ' When the trial again came .on in the District:Court, the plaintiffs below moved to file two additional counts to the declaration,-which originally was for money had- and received.…
1Opinion of the CourtTon, J.
As to any point, already.'decided in .this cause by our predecessor's, 14. Berg. <§• Rawle, i-05, T.hold myself bound by'the decision. Every exception, then .taken and overruled and now repeated, is thus answered at once: And the joinder in the suit by the three plaintiffs háving been then supported; is supported by us. The two new counts seem to have been very properly admitted by way of amendment. '-.So there remains but one; matter to be considered, In the court below-the defendant’s counsel insisted—That when a person dies intestate, leaving personal estate and leaving d deb1 or- debt's…
2Cases cited1 opinion
- Nass v. VanswearingenSupreme Court of Pennsylvania · 1821
3Cited by11 opinions
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- McLean's Executors v. WadeSupreme Court of Pennsylvania · 1865
- Oudry-Davis v. FindleySuperior Court of Pennsylvania · 1916
- Bogart v. M'DonaldNew York Supreme Court · 1801
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