Seibert v. Butz
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. Peter Butz and John Butz, for the use of Joseph Delong and Susanna his wife, late Susanna Butz, against Jacob Seibert. This was an action of assumpsit, to which the defendant pleaded non assumpsit and a former recovery.
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ERROR to the common pleas of Berks county. Peter Butz and John Butz, for the use of Joseph Delong and Susanna his wife, late Susanna Butz, against Jacob Seibert. This was an action of assumpsit, to which the defendant pleaded non assumpsit and a former recovery. The plaintiff thus set out his case: ■ “ Jacob Seibert, late of the county aforesaid, yeoman, was attached to answer John Butz and Peter Butz, for the use of Joseph Delong and Susanna his wife, late Susanna Butz, of a plea of trespass on the case, and so forth, and thereupon the said John and Peter, by John S. Gibbons their attorney,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
An action to recover a legacy, being a substitute for a bill in equity, is to be so managed as to take effect without hindrance from common law technicalities. It is immaterial to the beneficial plaintiff who was neither an actual nor potential party to the former suit, that the legal plaintiffs separately recovered another sister’s share of the bequest over; and the only question deserving consideration is, whether the contingency is not too remote; but there is one circumstance indicative of an intention which shows very clearly that it…
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