Burkhart v. Parker
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Beaver county. This was an action on the case in assumpsit by Caleb Parker & Co. against Christian Burkhart and Wm. W. Ridley, trading in the name of Burkhart, Ridley & Co. The process was served upon Burkhart only.
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ERROR to the Common Pleas of Beaver county. This was an action on the case in assumpsit by Caleb Parker & Co. against Christian Burkhart and Wm. W. Ridley, trading in the name of Burkhart, Ridley & Co. The process was served upon Burkhart only. A rule was taken upon the defendant to file an affidavit of defence in pursuance of the following rule of court: “ In actions of debt and of assumpsit, founded on book accounts, promissory notes, bills of exchange, or memorandums, the plaintiff having filed a declaration or statement on or before the return day of the writ or during the term to which…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
There is no doubt of the propriety and even necessity of some established rules regulating the practice in courts of justice. There is, however, much doubt as to whether many of the rules in our Courts of Common Pleas do not more frequently obstruct and destroy the administration of justice than promote it. To make a rule obligatory in all cases, it ought in its language plainly to apply to all cases ; and a rule which does not in terms meet the case before the court, ought not to govern such case. Even if the rule does in terms embrace the…
2Cases cited4 opinions
- Penington v. CoatsSupreme Court of Pennsylvania · 1841
- Sleeper v. DoughertySupreme Court of Pennsylvania · 1837
- Boas v. NagleSupreme Court of Pennsylvania · 1817
- Read v. BushSupreme Court of Pennsylvania · 1813