Reigart v. Ellmaker
Supreme Court of Pennsylvania
ERROR. A SCIRE FACIAS was issued in the Court of Common Pleas of Dauphin county, in the name of Amos Ellmajier Esquire President of the Orphans’ Court of the said county, the successor of Walter Franklin, Esquire, who was the successor of John Joseph Henry, Esquire, late Presi^ent °f that Court, for the use of James Alricks. against John Kean, with notice to Daniel Reigart and Nicholas Swoyer, terre-tenants of a certain three story brick house and *ot ground, situate in the…
Read the full summary
ERROR. A SCIRE FACIAS was issued in the Court of Common Pleas of Dauphin county, in the name of Amos Ellmajier Esquire President of the Orphans’ Court of the said county, the successor of Walter Franklin, Esquire, who was the successor of John Joseph Henry, Esquire, late Presi^ent °f that Court, for the use of James Alricks. against John Kean, with notice to Daniel Reigart and Nicholas Swoyer, terre-tenants of a certain three story brick house and *ot ground, situate in the borough of Harrisburg, on a recognisance entered into by John Kean, on the 27th Octoher, 1801, by which he became bound…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
Alricks, the original party, assigned his interest to a certain James Williams, without having the suit marked for his use, and, although the assignment was filed with the papers in the cause, and a minute of it made among the docket entries, the title of the action was in no respect changed, but the jury were sworn without formally making Williams a party to the issue : and this is assigned as error. To sustain a judgment it is necessary, that there be legal parties ; but it is not absolutely necessary, that parties who are such only inequity…
2Cases cited1 opinion
- Kean v. FranklinSupreme Court of Pennsylvania · 1819
3Cited by1 opinion
- Roberts v. WilliamsSupreme Court of Pennsylvania · 1840