Prevost v. Nicholls
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Berks county. It appeared by the record returned, that a suit had been * „ -j brought *by James Wilson, esq. against John Lewis Bard, 4 in the same court; and that on the 18th May 1798, by consent, all matters in variance between the parties were referred to Valentine Eckert, Jacob Bower, Rees Moore, Daniel Buckley and Samuel Morris, or any three of them ; and it was agreed, that the names of Ann Bard and Robert A. Farmer, administrators…
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Writ of error to the Common Pleas of Berks county. It appeared by the record returned, that a suit had been * „ -j brought *by James Wilson, esq. against John Lewis Bard, 4 in the same court; and that on the 18th May 1798, by consent, all matters in variance between the parties were referred to Valentine Eckert, Jacob Bower, Rees Moore, Daniel Buckley and Samuel Morris, or any three of them ; and it was agreed, that the names of Ann Bard and Robert A. Farmer, administrators of J. L. Bard, deceased, should be inserted as defendants. On the 9th August 1798, the referees reported the' sum of…
1Opinion of the CourtYeates, J.
It has been assigned for error in this case, that the issue joined between the parties did not correspond with the agreement upon which it was bottomed. The agreement was, that Nicholls, who had become the purchaser of the Birdsborough estate under the sheriff’s sale, and who was also the proprietor *of the judgment of Wilson against the administrators r* „ of J. L. Bard, should declare upon a wager against Pre- t 4 5 vost, respecting his right to receive the monies arising upon the sale of the said estate, Nicholls alledging, and Prevost denying such right. The declaration founded thereon,…
2Cases cited3 opinions
- Case of Torr's EstateSupreme Court of Pennsylvania · 1830
- Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
- Rowland v. HarbaughSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Davis v. SmithSupreme Court of Georgia · 1848
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
- Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
- Ohio & Ross Township RoadSupreme Court of Pennsylvania · 1895
- In re County Bridge, Nescopeck TownshipSupreme Court of Pennsylvania · 1888
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