Eby's Case
Supreme Court of Pennsylvania
THIS was an application at the instance of John Eby to make absolute a rule to show cause why a peremptory mandamus should not issue directed to Daniel Dukkee, Esquire, President Judge of the Nineteenth Judicial District, commanding him to proceed with the trial of suit No. 45, January Term 1830, John Eby against John Bucher. The facts of the case are all stated in the opinion of the court.
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
An action of debt by assumpsit was brought in the Common Pleas of York county by John Eby against John Bucher, No. 45, to January Term 1830, and narr. filed 4th December 1829, claiming the sum of $10,801.50, for money paid and for rent due for his share of a grist mill, and the summons was returned served. At January Term 1830, judgment was entered. On the 8th August 1832, a rule obtained by the defendant was made absolute that the judgment should be opened and the defendant allowed to make defence; the judgment to remain as security for…