Legal Opinion

M'Williams v. Hopkins

Supreme Court of Pennsylvania

Decided February 17, 1834PublishedCited by 5 opinions

This was a motion to set aside a non-suit directed by the Chief Justice at Nisi Prius. The case was this. Mary M‘ Williams, the plaintiff, administratrix of James M‘Williams, deceased, brought suit against one Clark for embezzling the effects of the deceased.

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This was a motion to set aside a non-suit directed by the Chief Justice at Nisi Prius. The case was this. Mary M‘ Williams, the plaintiff, administratrix of James M‘Williams, deceased, brought suit against one Clark for embezzling the effects of the deceased. She employed Samuel Ewing, esquire, as her counsel, who obtained judgment against Clark, but in consequence of his alleged neglect, and violation of instructions, the plaintiff derived no advantage from the judgment, Clark having escaped by reason of the insufficiency of his bail. The imputed ne'glect was an omission to give the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The administration bond having been executed but by one surety, the grant of administration which was the foundation of the plaintiff’s title to sue in the action against Clarke, is, ipso facto, void, by the positive and unequivocal declaration of the legislature. It therefore seemed to me at the trial, that the plaintiff had received no actual injury, at the time, from the omission of her attorney to communicate to her the notice of bail, so as to enable her to except to their sufficiency; and that her subsequent recovery of judgment,…

2Cited by5 opinions

  1. Duke & Co. v. AndersonSuperior Court of Pennsylvania · 1980
  2. Bradley v. CommonwealthSupreme Court of Pennsylvania · 1858
  3. Waln v. BeaverSupreme Court of Pennsylvania · 1894
  4. Ferguson v. RouseoLouisiana Court of Appeal · 1920
  5. Mears v. CommonwealthSupreme Court of Pennsylvania · 1839

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