Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77)
Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77)
Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77).cPennsylvania Supreme Court
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Author: Pennsylvania Supreme Court
Number of Pages: 262 pages
Published Date: 31 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781235601880
File size: 37 Mb
Download Link: Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77)
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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. 1876. Excerpt: ... Lewisburg, Centre and Spruce Creek Railroad Co., to use of J. H. Miller et al, versus Stees. 1. Plaintiff, "for use," &c, declared on a joint and several obligation, guarantying $45,000; defendant pleaded in bar that plaintiff had brought suit on the same obligation against Mensch, another of the obligors, and had recovered judgment for $74, which was satisfied; plaintiff replied that the use-plaintiffs had advanced money to pay a deficiency of the guaranty, the other obligors, including defendant, agreeing that it should stand for their use, and each would pay his share, and that the judgment recovered was for Mensch's share. Held, these pleadings made no issue for the jury, but the parties having gone to trial on the merits, the court would not reverse on that ground. 2. In Pennsylvania, if parties go to trial without a formal issue, it is an agreement to waive matters of form and try on the merits. 3. Assuming the replication to be a new cause of action, the defendant might have demurred, but having gone to trial on the merits, it stood as if it was a new declaration, and the defendant had tried on the merits without a plea. 4. In an action of debt against the defendant, on the agreement of each to pay his proportion of the deficiency, the judgment against Mensch for his share, although brought in the name of the obligor, would not be a bar. January 26th 1875. Before Agnew, C. J., Sharswood, WilLiams, Mercur, Gordox, Paxson and Woodward, JJ. Error to the Court of Common Pleas of Union county: Of January Term 1874, No. 227. This was an action of debt, brought December 9th 1871, by the Lewisburg, Centre and Spruce Creek Railroad Company, for the use of J. E. Herr, D. H. Miller and Oliver P. Mensch, against Samuel Stees. The suit was on a guaranty signed ...
Read online Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) Buy and read online Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) Download Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent
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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77).cPennsylvania Supreme Court
Author: Pennsylvania Supreme Court
Number of Pages: 262 pages
Published Date: 31 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781235601880
File size: 37 Mb
Download Link: Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77)
---------------------------------------------------------------
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. 1876. Excerpt: ... Lewisburg, Centre and Spruce Creek Railroad Co., to use of J. H. Miller et al, versus Stees. 1. Plaintiff, "for use," &c, declared on a joint and several obligation, guarantying $45,000; defendant pleaded in bar that plaintiff had brought suit on the same obligation against Mensch, another of the obligors, and had recovered judgment for $74, which was satisfied; plaintiff replied that the use-plaintiffs had advanced money to pay a deficiency of the guaranty, the other obligors, including defendant, agreeing that it should stand for their use, and each would pay his share, and that the judgment recovered was for Mensch's share. Held, these pleadings made no issue for the jury, but the parties having gone to trial on the merits, the court would not reverse on that ground. 2. In Pennsylvania, if parties go to trial without a formal issue, it is an agreement to waive matters of form and try on the merits. 3. Assuming the replication to be a new cause of action, the defendant might have demurred, but having gone to trial on the merits, it stood as if it was a new declaration, and the defendant had tried on the merits without a plea. 4. In an action of debt against the defendant, on the agreement of each to pay his proportion of the deficiency, the judgment against Mensch for his share, although brought in the name of the obligor, would not be a bar. January 26th 1875. Before Agnew, C. J., Sharswood, WilLiams, Mercur, Gordox, Paxson and Woodward, JJ. Error to the Court of Common Pleas of Union county: Of January Term 1874, No. 227. This was an action of debt, brought December 9th 1871, by the Lewisburg, Centre and Spruce Creek Railroad Company, for the use of J. E. Herr, D. H. Miller and Oliver P. Mensch, against Samuel Stees. The suit was on a guaranty signed ...
Read online Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) Buy and read online Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) Download Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent Download to iPad/iPhone/iOS, B&N nook Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 77) ebook, pdf, djvu, epub, mobi, fb2, zip, rar, torrent
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