Christine ex rel. Christine v. Whitehill
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county. George Christine and Andrew Gotwalt brought this action of covenant, in the court below, for the use of George Christine, against John M. Whitehill, and declared against him, as follows:— “John M. Whitehill, late of the county aforesaid, yeoman, was attached to answer George Christine and Andrew Gotwalt, who sue for the use of the said George Christine, of a plea that he keep wdth them his covenants,…
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IN ERROR. Writ of error to the Court of Common Pleas of Lancaster county. George Christine and Andrew Gotwalt brought this action of covenant, in the court below, for the use of George Christine, against John M. Whitehill, and declared against him, as follows:— “John M. Whitehill, late of the county aforesaid, yeoman, was attached to answer George Christine and Andrew Gotwalt, who sue for the use of the said George Christine, of a plea that he keep wdth them his covenants, according to the force, form, and effect of a certain indenture between them made; whereupon the said George Christine…
1Opinion of the CourtHuston, J.
This was an action of covenant brought by the plaintiffs in error, against the defendant in error, and affords a striking example of the pertinacity with which every point of law and of practice is now contested in this state. The fact that we have no Court of Chancery, and that the powers of such a court are exercised by a court and jury, is well known, and has been the subject of much remark. I do not consider it a defect in our judicial system — nay, if the power of granting injunctions, of sustaining a bill for discovery, and of directing specific performance, at the same time imposing…
2Cases cited2 opinions
- Frost v. RaymondNew York Supreme Court · 1804
- Hampton v. SpeckenagleSupreme Court of Pennsylvania · 1823
3Cited by2 opinions
- Weiser v. WeiserSupreme Court of Pennsylvania · 1836
- Whitehill v. GotwaltSupreme Court of Pennsylvania · 1832