Breidenthal v. McKenna
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. This was an action of trespass for assault and battery, brought by William McKenna against the three defendants below. There was a general appearance de bene esse, and the sheriff’s return was “ C. 0.” and “B. B.” annexed, as to all the three defendants. The record shows that Breidenthal, one of the defendants, on the 31st day of January, 1849, pleaded not guilty.
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Error, to the District Court of Allegheny county. This was an action of trespass for assault and battery, brought by William McKenna against the three defendants below. There was a general appearance de bene esse, and the sheriff’s return was “ C. 0.” and “B. B.” annexed, as to all the three defendants. The record shows that Breidenthal, one of the defendants, on the 31st day of January, 1849, pleaded not guilty. There was no rule entered to plead, as to the others, and none filed by them. In this state of the pleadings, on the 31st of January, 1850, a jury was called, and the minutes showed…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— The record brought up in this case is very imperfect. From it, however, we are enabled to gather that in January, 1849, Breidenthal, one of the defendants, pleaded the general issue. The other defendants, though they appeared on the return of the writ, put .in no plea. The cause thus rested until January, 1850, when a jury was sworn to try the issue joined, and rendered a verdict for the plaintiff. This, according to the decision in Cridland v. Floyd, 6 Ser. & R. 412, where this branch of practice was thoroughly investigated and…
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