Krider v. Lafferty
Supreme Court of Pennsylvania
Upon a writ of error to the District Court for the City and County of Philadelphia, it appeared thatan action of trespass was brought in that Court by Daniel Lafferty against John J. Krider and Joshua Peeling, to recover damages for breaking and entering the plaintiff’s close, &c., under the following circumstances: John Lentz the elder, being the owner of a tract of land situate in the township ofPassyunk and County of Philadelphia, containing 18 acres and 20 perches, on…
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Upon a writ of error to the District Court for the City and County of Philadelphia, it appeared thatan action of trespass was brought in that Court by Daniel Lafferty against John J. Krider and Joshua Peeling, to recover damages for breaking and entering the plaintiff’s close, &c., under the following circumstances: John Lentz the elder, being the owner of a tract of land situate in the township ofPassyunk and County of Philadelphia, containing 18 acres and 20 perches, on the 24th of February, 1816, executed the following instrument: “ Mem. of an agreement made and this 24th day of February,…
1Opinion of the CourtKennedy, J.
The admission of the evidence complained of in the first error assigned, was certainly right. The circumstance of another action pending between the parties for the same cause, was not a sufficient objection to it. If two actions be brought for the same cause at the same time by the plaintiff against the defendant, he may plead the one in abatement of the other, and by this means abate them both. Pie v. Cook, (Hob. 128. S. C. Moore, 864, pl. 1193.) 1 Roll, Abr. 353. 39 H. 6, 13. pl. 16 per Prisot, Justice, cited 5 Mass. 179, in note. Mayor, &c. v. B. (1 Freem. 401. pl. 526. S. C. 3 Keb. 491.)…
2Cases cited3 opinions
- Lessee of Billington v. WelshSupreme Court of Pennsylvania · 1812
- Beach v. NortonSupreme Court of Connecticut · 1830
- Thompson v. McGillMississippi Chancery Courts · 1844
3Cited by21 opinions
- Barreda v. SilsbeeSupreme Court of the United States · 1859
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Hess v. JonesSupreme Court of Pennsylvania · 1939
- Hottenstein v. LerchSupreme Court of Pennsylvania · 1882
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
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