M'Farland v. Brown
Supreme Court of Pennsylvania
IN ERROR. M‘Farland, the plaintiff in error, brought an action of slander' against.Brown, the defendant in error, in the Common Pleas of Dauphin county, in which he obtained an-award of arbitrators, for three hundred dollars damages. From this award the defendant entered an appeal. While the Suit was pending, MlFarland became insolvent; but whether he was discharged under the insolvent laws, there was nothing in the record to show.
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IN ERROR. M‘Farland, the plaintiff in error, brought an action of slander' against.Brown, the defendant in error, in the Common Pleas of Dauphin county, in which he obtained an-award of arbitrators, for three hundred dollars damages. From this award the defendant entered an appeal. While the Suit was pending, MlFarland became insolvent; but whether he was discharged under the insolvent laws, there was nothing in the record to show. On the 21st October, 1822, the defendant’s counsel, filed an affidavit of defence, and obtained a rule on the plaintiff to give security for costs, by the first…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The rule of court-on which this nonsuit was entered, is applicable only to cases in which the beneficial interest in the action has passed to the assignees; in regard of which it is not only competent in the court to make such a rule, but very proper to enforce it. The person of the insolvent, is discharged; and as he is the legal 'party on the record, I apprehend the assignees, who are no more interested than the other creditors, would not be personally liable: so that the defendant, if he should obtain a verdict, could look neither to the…
2Cited by1 opinion
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