This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1902. Excerpt: ... Rorabaugh v. Schrubb. that no defence to the
bill existed. He had a right to rely on the presumption that the
payee in whose possession it was continued to be its owner. From
the foregoing the conclusion follows that the defendant's motion
for judgment must be granted and the rule for new trial refused.
Decree will be made accordingly. DECREE. Now, this 21st day of
January, 1901, it is ordered, adjudged and decreed that the rule
for judgment non obstante veredicto be and is hereby made absolute,
and judgment is directed to be entered in favor of the defendant.
From Oscar Mitchell, Esq., Clearfield, Pa. Rudolph, v. Sturgis.
Judgment--Prior judgment--Discontinuance--Justice of the peace.
There can be but one final judgment for the same cause of action;
and where a judgment has already been obtained in a prior action by
the plaintiff against the defendant for the identical demand,
contract or obligation, the same is merged by the superiority of
the record security acquired by the judgment, and the creditor can
no longer prosecute suit upon the original demand. A plaintiff may
withdraw or discontinue his suit at any time before judgment, or
before the justice pronounces upon it; but after judgment
unappealed from, if he discontinues, it is satisfaction of the
demand. Plea in abatement. C. P. Montgomery Co. March T., 1900, No.
96. Larzelere, Gibson & Fox, for plaintiff. Evans, Holland
& Dettra, for defendant. Weand, J., Nov. 23, 1900.--To this
action the defendant has filed a plea in abatement that "about the
beginning of December, 1899, a prior action of attachment for the
same debt for which the present action is brought, was brought by
said plaintiff against deponent (defendant) before Justice of the
Peace M. A. Francis, of Lower Merion township, and that t...
General Books LLC
|Country of origin:
Pennsylvania County Courts
||246 x 189 x 17mm (L x W x T)
||Paperback - Trade
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