Lacroix v. Macquart
Pennsylvania Court of Common Pleas, Philadelphia County
THIS case came up for trial by inspection of the record, upon the plaintiff’s replication of mil tiel record. The pleadings, so far as it is necessary to state them in order to comprehend the point decided, consisted : 1. Of a judgment obtained October 16th, 1829, by confession of all the defendants, viz.: Antoinette Macquart, Henry Dueominuu and Stephen Gerin, in an action of debt brought in the name of the Commonwealth of Pennsylvania, for the penalty of an administration…
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THIS case came up for trial by inspection of the record, upon the plaintiff’s replication of mil tiel record. The pleadings, so far as it is necessary to state them in order to comprehend the point decided, consisted : 1. Of a judgment obtained October 16th, 1829, by confession of all the defendants, viz.: Antoinette Macquart, Henry Dueominuu and Stephen Gerin, in an action of debt brought in the name of the Commonwealth of Pennsylvania, for the penalty of an administration bond entered into by Mrs Macquart, as administratrix, &c. of Thomas Macquart deceased, with Ducom-rauii and Geiin as her…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.
The only point for inquiry is, whether the defendant’s plea of former recovery is sustained by the record. He alleges that it is, on the ground that the discontinuance of the 9th of May 1835 was without the sanction of the court — a mere entry by counsel in the prothonotary’s office.
*158At tiie time of the discontinuance, interlocutory judgment had been obtained, but no steps had been taken to ascertain the damages, A writ of inquiry had not been sued out. Was it competent to the plaintiff's attorney in this stage of the proceedings, to repair to…
2Cases cited2 opinions
- Pollock v. HallSupreme Court of Pennsylvania · 1800
- Broom v. FoxSupreme Court of Pennsylvania · 1800