Thornton v. Britton
Pennsylvania Court of Common Pleas, Fayette County
No. 50 July Term 1890, Sup. Ct.; court below, No 285 March Term 1886, C. P. On February 11,1886, “ Julia Thornton and John R. Thornton, her husband, in right of said Julia,” brought trespass for mesne profits against William Britton, George E. Hogg and George A. Wilson. Defendants Hogg and Britton pleaded “not guilty, and not guilty infra sex annos.”
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No. 50 July Term 1890, Sup. Ct.; court below, No 285 March Term 1886, C. P. On February 11,1886, “ Julia Thornton and John R. Thornton, her husband, in right of said Julia,” brought trespass for mesne profits against William Britton, George E. Hogg and George A. Wilson. Defendants Hogg and Britton pleaded “not guilty, and not guilty infra sex annos.” At the trial, on November 22, 1889, the plaintiffs put in evidence the record of the District Court of the United States for the Western District of Pennsylvania, of an action of ejectment by J. Russell Thornton, the plaintiff in the present…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The first assignment of error relates to the form of the action. It is stated by appellant as an action by Julia Thornton and John R. Thornton, her husband, in right of the said Julia, while the counter-statement by appellee describes it as an action by J. R. Thornton for the use of Julia Thornton his wife. The difference, though formal, is material. In the first form, it would not be a bar to another action by the husband in his own right; in the second it would. The record, as sent up to us, does not contain the original prsecipe, summons or narr, so that we are…
2Cases cited3 opinions
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- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Hillis v. KessingerWashington Supreme Court · 1915
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