Wann v. Pattengale
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an appeal from the judgment of a justice of the peace, in an action brought by Wann vs. Pattengale, to recover'from him the price of fifty sets of windmill irons, sold by plaintiff to Patten-gale & Barrett, in 1839. The defendant relied upon the statute of limitations. To avoid the statute, the plaintiff showed that in June, 1844, he commenced suit against Pattengale & Barrett, before Jas.
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Error to the Common Pleas of Jefferson county. This was an appeal from the judgment of a justice of the peace, in an action brought by Wann vs. Pattengale, to recover'from him the price of fifty sets of windmill irons, sold by plaintiff to Patten-gale & Barrett, in 1839. The defendant relied upon the statute of limitations. To avoid the statute, the plaintiff showed that in June, 1844, he commenced suit against Pattengale & Barrett, before Jas. M. Wilson, a justice of the peace. The summons was returned, served.on Barrett, and a judgment was rendered against him on the 29th of June, 1844, for…
1Opinion of the Court
*314The opinion of the court was delivered by
Bell, J.
— The action was brought against the present defendant under the act of 6th April, 1830, not as a continuation of the original suit instituted before Justice Wilson against both Pattengale and Barrett, but with the view of obtaining against the former, a distinct judgment, though for the same debt. In Moore v. Hepburn, 5 Barr 399, the obvious mischief proposed to be cured by the act of 1830, is shown to have been the common law consequence of a joint action against two or more, some of whom only were brought into court. The plaintiff, by…
2Cases cited1 opinion
- Magaw v. ClarkSupreme Court of Pennsylvania · 1837