Wall v. Dovey
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 1, to July Term 1868. This was an action of assumpsit, commenced February 29th 1868, by John J. Dovey and others, trading as Dovey, Buckley & Co., against John Wall. The plaintiff filed a copy of book entries as follows: “ 1867 — Oct. 30th. To 11.05 tons of lump coal at $2.50 . . $28.12 A number of items follow on same date, making an aggregate of ... $141.05 “ Nov. 30th. 23.08 chest.
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Error to the District Court of Philadelphia: No. 1, to July Term 1868. This was an action of assumpsit, commenced February 29th 1868, by John J. Dovey and others, trading as Dovey, Buckley & Co., against John Wall. The plaintiff filed a copy of book entries as follows: “ 1867 — Oct. 30th. To 11.05 tons of lump coal at $2.50 . . $28.12 A number of items follow on same date, making an aggregate of ... $141.05 “ Nov. 30th. 23.08 chest. “ $3.23, $75.85 With other items following on same date, making . . 338.10 $479.15 “ Or. — Nov. 30th. By 11.05 tons lump coal at $2.50 . . $28.12 Tolls as above…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— Under the Act of March 25th 1835, Pamph. L. 88, in,all actions instituted in the court below for the recovery of book debts, to entitle the plaintiff to a judgment for want of an affidavit of defence, it is required that he should file in the office of the prothonotary, within-two weeks after the return of the original process, a copy of the book entries on which action has been brought. It was held in that court, soon after the passage of the act, that the words “hook entries” mean the entries in the original book of the plaintiff,…
2Cases cited2 opinions
- Hough v. DoyleSupreme Court of Pennsylvania · 1833
- Hamill v. O'Donnell, Pennsylvania Court of Common Pleas, Philadelphia County1837
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- Genesee Paper Co. v. BogertSuperior Court of Pennsylvania · 1903
- Pringle v. Neff, Exctx.Superior Court of Pennsylvania · 1933
- Davidov v. BailSuperior Court of Pennsylvania · 1903
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