Legal Opinion

Hurst v. Fisher

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 7 opinions

ERROR to the Common Pleas of Dauphin county. William Hurst, for the use of Joseph Reed, against George Fisher. It appeared that this suit was instituted on the 4th of November 1828, a narr. filed on the 5th of said month, and an appearance entered on the 26th of January 1829; that a judgment was entered for the want of an affidavit of defence, and on the same day a rule was granted to show cause why it should not be opened; and on the 19th of October 1829, the rule was made…

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ERROR to the Common Pleas of Dauphin county. William Hurst, for the use of Joseph Reed, against George Fisher. It appeared that this suit was instituted on the 4th of November 1828, a narr. filed on the 5th of said month, and an appearance entered on the 26th of January 1829; that a judgment was entered for the want of an affidavit of defence, and on the same day a rule was granted to show cause why it should not be opened; and on the 19th of October 1829, the rule was made absolute and the judgment opened. On the 22d of October 1829, this entry was made upon the record: “ Death of William…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

On the authority of Sandback v. Quigley, (8 Watts 460) and for the reasons assigned by Mr Justice Parsons, the judgment is affirmed. The death of a plaintiff before suit brought, may be pleaded, either in abatement or in bar, because it not only suspends the action, but destroys it altogether. And when a judgment, in favour of or against a dead man, is inadvertently rendered, the party aggrieved may be relieved by writ of error coram nobis. Here the suit was brought before the passage of the Act of the 23d of April 1829, and stands unaffected…

2Cases cited1 opinion

  1. Sandback v. QuigleySupreme Court of Pennsylvania · 1839

3Cited by7 opinions

  1. Thompson v. PeckSupreme Court of Pennsylvania · 1935
  2. Mitchell v. KingIllinois Supreme Court · 1900
  3. Armstrong v. NixonTexas Supreme Court · 1856
  4. Marzella v. KingSuperior Court of Pennsylvania · 1978
  5. Marzella v. KingSuperior Court of Pennsylvania · 1978

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