Post v. Avery
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. David Avery against Norman J. Post. This was an action on the case in assumpsit. Upon the trial, the plaintiff executed an assignment of all his interest in the cause of action to his son, and was then offered as a witness. The defendant objected, but the court overruled the objection and sealed a bill of exception. A verdict was rendered for the plaintiff. cited 9 Serg.
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ERROR to the Common Pleas of Susquehanna county. David Avery against Norman J. Post. This was an action on the case in assumpsit. Upon the trial, the plaintiff executed an assignment of all his interest in the cause of action to his son, and was then offered as a witness. The defendant objected, but the court overruled the objection and sealed a bill of exception. A verdict was rendered for the plaintiff. cited 9 Serg. Rawle 20 ; 5 Watts 419; 1 Watts Serg. 147. cited 3 Whart. 337.
1Opinion of the Court
*510The opinion of the Court was delivered by
Gibson, C. J.
—The rule that a plaintiff may devest himself of the character of a parly by devesting himself of the cause of action, was established in Steele v. The Phœnix Insurance Company, a few years before I came into the court; and I was among the most steadfast of its supporters, particularly in M’Ilroy v. M’Ilroy, (1 Rawle 345). Certain it is that it is faultless in theory, whatever it may be in practice. To bring himself within it, a nominal plaintiff shows that he has irrevocably parted with the demand in suit; and thus, according to the…
2Cited by28 opinions
- Hitner's AppealSupreme Court of Pennsylvania · 1867
- Karns v. TannerSupreme Court of Pennsylvania · 1870
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
- Asay v. HooverSupreme Court of Pennsylvania · 1846
- Pattison's AppealSupreme Court of Pennsylvania · 1869
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