Legal Opinion

Brotherline v. Mallory

Supreme Court of Pennsylvania

Decided May 15, 1839Published

ERROR to the common pleas of Huntingdon county. Mallory & Stone against John Brotherline.., Scire facias against the defendant on bail of Hamilton Semple. Mallory & Stone brought a suit against Hamilton Semple, in which a statement with two counts was filed; one on a book account for 211 dollars 85 cents; the other on a special promise contained in a letter of defendant, admitting 170 dollars to be due.

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ERROR to the common pleas of Huntingdon county. Mallory & Stone against John Brotherline.., Scire facias against the defendant on bail of Hamilton Semple. Mallory & Stone brought a suit against Hamilton Semple, in which a statement with two counts was filed; one on a book account for 211 dollars 85 cents; the other on a special promise contained in a letter of defendant, admitting 170 dollars to be due. That suit was commenced by a capias ad respondendum, and John Brotherline and Francis Semple became special bail for the defendant in the sum of 300 dollars. At the April term, 1836, the cause…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

It is too common, when a man is sued in debt on book account, or indebitatus assumpsit, and the defendant has no *135defence, that he almost entirely neglects his suit, and neglects to instruct his attorney; and the attorney often pleads where there is no defence; and when the cause is reached, and the jury about to be sworn, he directs judgment to be entered to save his client the costs of a verdict. In such case, or where judgment is entered for want of a plea, the attorney for plaintiff makes a calculation of the amount due and interest, or…

2Cases cited3 opinions

  1. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833
  2. Kennedy v. WachsmuthSupreme Court of Pennsylvania · 1824
  3. Coyle v. ReynoldsSupreme Court of Pennsylvania · 1821

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