The District Reports of Cases Decided in All the Judicial Districts of the State of Pennsylvania Volume 20 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...The suit was joint; it was on a joint cause of action; one party only was served, and yet judgment by default was entered against both defend ants. Such a judgment would not be sustained in this state: Donnelly v. Graham, 77 Pa. 274. P-rima facie, the law of the forum is the same with the law of the place of the contract: Bennett 1;. Cadwell, 70 Pa. 253. And here there was no offer to show that the law of New Jersey authorized such judgment. The conclusion would seem to follow, therefore, that such judgment was invalid. Scott 1: . Noble, 72 Pa. 115, is relied on to sustain the judgment against Benjamin Harris, who was served with process. That case, however, simply decides that in a joint suit brought in Massachusetts against two, one of whom was not served, that the judgment entered against both could not be sustained as to the one not served. It is true that in the opinion it is stated that such judgment is valid against him who was served, but that was not the point of the case. But admitting the validity of the judgment against the one served with summons, in the present state of the record, can a verdict against him alone be sustained? We have a joint suit on a joint judgment. The statement is against both jointly. Under the pleadings there should be a joint recovery or none: Boaz '0. Heister, 6 S. & R. 18; Donnelly '0. Graham, 77 Pa. 274. Both defendants were summoned, entered appearance and made defence. The plaintiff made no attempt to recover on the merits or to amend the pleadings. A8 the records stands, the defendants would be entitled to judgment. Judgment is entered in favor of defendants non obstante veredicto. From H. W. Walkinshaw, Greensburg, Pa. Grading of Raymond Street. Road laws---Grading streets----Appeal from..