Whitehill v. Wilson
Supreme Court of Pennsylvania
IN ERROR. Error to the court of Common Pleas of Lancaster county. George Whitehill and James Whitehill, in his life time, on the 31st of May,eighteen hundred and nineteen,obtained judgment by award of arbitrators, against Samuel A. Whitehill, John Wilson, and James Boyd, for six thousand six hundred and forty-nine dollars, upon a bond, in which Samuel A., Whitehill was principal, va&John Wilson and James Boyd his sureties.
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IN ERROR. Error to the court of Common Pleas of Lancaster county. George Whitehill and James Whitehill, in his life time, on the 31st of May,eighteen hundred and nineteen,obtained judgment by award of arbitrators, against Samuel A. Whitehill, John Wilson, and James Boyd, for six thousand six hundred and forty-nine dollars, upon a bond, in which Samuel A., Whitehill was principal, va&John Wilson and James Boyd his sureties. On this judgment a fieri facias, issued to April Term, eighteen hundred and twenty-one, which was returned on the thirty-first day of December, eighteen hundred and…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Two of the three points made at the trial, were ruled in favor of the plaintiff in error; consequently our attention is to be restrained to the third which presents a question arising out of, not the equity of a surety, but the supposed legal right of a eo-defendant to be released from a judgment by the operation of acts thought to be a release of his fellow. The circumstances were shortly these. The judgment creditor had levied the property of the principal debtor, as well as that of the two sureties, who are principals as regards each…
2Cases cited4 opinions
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Wentz v. DehavenSupreme Court of Pennsylvania · 1815
- Watson v. BrewsterSupreme Court of Pennsylvania · 1845
- Hunt v. BreadingSupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Metcalf v. KentSupreme Court of Iowa · 1898