Murtland v. Floyd
Supreme Court of Pennsylvania
Appeal, No. 278, Oct. T., 1892, by Joseph Walton, from order of C. P. No. 2, Allegheny Co., April T., 1892, No. 6, entering judgment for want of a sufficient affidavit of defence in favor of John A. Murtland, administrator. Assumpsit to recover the amount of a deposit.
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Appeal, No. 278, Oct. T., 1892, by Joseph Walton, from order of C. P. No. 2, Allegheny Co., April T., 1892, No. 6, entering judgment for want of a sufficient affidavit of defence in favor of John A. Murtland, administrator. Assumpsit to recover the amount of a deposit. From the record it appeared that the action was brought against Joseph Walton and a large number of other defendants, who were alleged to be “ late partners doing business under the name and style of the American Bank.” Walton filed an affidavit of defence, .but several of the defendants neither filed an affidavit of defence,…
1Opinion of the Court
Opinion by
Mr. Justice Heydbick,
This case is distinguishable from the American Bank’s Appeal in Robinson v. Floyd et ah, supra. While in the latter case the plaintiff not only joined all the partners in his writ, but prosecuted all alike, and failed to obtain judgment against -all through no fault of his own, it is complained in this that the plaintiff having by an alias writ brought all the partners upon the record to avoid a plea of nonjoinder, has, by neglecting to take judgment against some of them equally in default with the appellant, sought to give them whatever loophole of escape a…
2Cases cited4 opinions
- O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
- Beltzhoover v. CommonwealthSupreme Court of Pennsylvania · 1832
- Swanzey v. ParkerSupreme Court of Pennsylvania · 1865
- Moore v. HepburnSupreme Court of Pennsylvania · 1847
3Cited by6 opinions
- Dunlap Printing Co. v. RyanSupreme Court of Pennsylvania · 1923
- Van Zandt v. WintersSuperior Court of Pennsylvania · 1903
- Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937
- Kidney v. BeemerSuperior Court of Pennsylvania · 1905
- Meyers v. Stern, Pennsylvania Court of Common Pleas, Philadelphia County1945
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