M'Kinney v. Mitchell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. Isaac M’Kinney & Sons against Nathan Mitchell. This was an action of debt, in which the plaintiff filed a statement claiming $209.12. The defendant made an affidavit of defence to part of the plaintiffs’ claim, and the court, on motion of the plaintiffs, rendered a judgment secundum regulam for the residue, amounting to $184.01. This sum, together with all costs, the defendant paid to the plaintiffs’ attorney.
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ERROR to the Common Pleas of Union county. Isaac M’Kinney & Sons against Nathan Mitchell. This was an action of debt, in which the plaintiff filed a statement claiming $209.12. The defendant made an affidavit of defence to part of the plaintiffs’ claim, and the court, on motion of the plaintiffs, rendered a judgment secundum regulam for the residue, amounting to $184.01. This sum, together with all costs, the defendant paid to the plaintiffs’ attorney. A rule was then taken upon the defendant to plead to that part of the statement to which the affidavit of defence was made. The defendant…
1Opinion of the Court
*26The opinion of the Court was delivered by
Sergeant, J.
— There is, in our opinion, no sufficient reason why the plaintiff might not enter judgment for the part of his demand admitted in the affidavit of defence, and receive it when voluntarily paid by the defendant, and yet proceed for the residue. It is certainly consistent with the justice of the case; for it would be hard if the plaintiffs’ receiving the admitted portion when the defendant chose to pay it, to save interest and costs, should debar the plaintiff from the residue of his claim. When the defendant pays money into court, the…
2Cases cited1 opinion
- Vanatta v. AndersonSupreme Court of Pennsylvania · 1811
3Cited by4 opinions
- Commonwealth ex rel. Graham v. McClearySupreme Court of Pennsylvania · 1880
- Russell v. ArcherSupreme Court of Pennsylvania · 1875
- Stedman v. PoterieSupreme Court of Pennsylvania · 1891
- Brazier v. BanningSupreme Court of Pennsylvania · 1853