Watts's Appeal
Supreme Court of Pennsylvania
Appeal from Nisi Prius. In Equity. No. 2, to July Term 1870. The bill in this case was filed by Henry M. Watts, John M. Bickel, Lewis Seal, Charles E. Anspach and James Anspach, plaintiffs, against The McKean and Elk Land and Improvement Company, John C. Cresson, William Biddle, Frederick Fraley, Samuel Mason, Mordecai L. Dawson, John Livezey, Samuel Welsh, James It.
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Appeal from Nisi Prius. In Equity. No. 2, to July Term 1870. The bill in this case was filed by Henry M. Watts, John M. Bickel, Lewis Seal, Charles E. Anspach and James Anspach, plaintiffs, against The McKean and Elk Land and Improvement Company, John C. Cresson, William Biddle, Frederick Fraley, Samuel Mason, Mordecai L. Dawson, John Livezey, Samuel Welsh, James It. Greeves, Frederick Collins, William Hacker, Charles H. Hutchinson, Harry G. Clay, William Welsh, Robert P. Kane, The Pennsylvania Company for Insurance on Lives, &c., the executor, &c., of I. P. Hutchinson, deceased, the…
1Opinion of the CourtJustice Gordon
In the absence of a demurrer, we treat as w'aived those objections to the bill which are urged on the ground of multifariousness, both as to the parties and the relief prayed for.
Exceptions of this kind are but technical, and if brought to the notice of the court in a formal manner, and at a proper time, opportunity is furnished to the plaintiff to meet them by amendment. If, however, the defendant does not see proper thus to bring them to the notice of the court, it will be presumed that he elects to proceed with the case on its merits.
Besides this, the court generally has power, by its…
2Cases cited2 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
3Cited by26 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Cuker v. MikalauskasSupreme Court of Pennsylvania · 1997
- Atherton v. AndersonCourt of Appeals for the Sixth Circuit · 1936
- Malone v. Lancaster Gas Light & Fuel Co.Supreme Court of Pennsylvania · 1897
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