Vought v. Sober
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county: Of September Term, No 23. This was an action of debt, commenced October 29th 1868, by John Nought against Isaac J. Sober. The cause of action was this note:— “100 Six months after date, for value received, I promise to pay to the order of Wm. M. Ellis one hundred dollars, without defalcation or stay of execution. Dated, Paxinos, June 8th 1867. Isaac J. Sober. Endorsed — Wm. M. Ellis.”
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Error to the Court of Common Pleas of Northumberland county: Of September Term, No 23. This was an action of debt, commenced October 29th 1868, by John Nought against Isaac J. Sober. The cause of action was this note:— “100 Six months after date, for value received, I promise to pay to the order of Wm. M. Ellis one hundred dollars, without defalcation or stay of execution. Dated, Paxinos, June 8th 1867. Isaac J. Sober. Endorsed — Wm. M. Ellis.” A suit on the same note had been previously instituted before a justice of the peace; the following are the docket entries in the case:— “John Nought…
1Opinion of the Court
*51The opinion of the court was delivered, May 17th 1873, by
Williams, J.
The judgment of nonsuit rendered by the justice in the previous suit, brought on the same note, is no bar to the action in this case. It was not a judgment on the merits, after-hearing the proofs and allegations of the parties, but a judgment of nonsuit in default of the plaintiff’s appearance on the day to which the hearing of the case had been continued. It is immaterial that the plaintiff appeared by attorney on the return-day of the summons, if he* was guilty of such subsequent neglect as authorized the judgment. It was…
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