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Reports of Cases Determined in the District Court for the City and County of Philadelphia
Reports of Cases Determined in the District Court for the City and County of Philadelphia Author:John Miles Title: Reports of Cases Determined in the District Court for the City and County of Philadelphia: Cases From 1836 to 1841, With the Rules of Court Revised Feb. 19, 1842, and Forms of Pleas Under the Rules as to Pleading in Particular Actions General Books publication date: 2009 Original publication date: 1871 Original Publisher: J. Campbell ... more »Subjects: Law reports, digests, etc Court rules Law / General Law / Civil Procedure Law / Court Rules Law / Courts Law / Reference Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: JENKINS v. CUTCHENS Bt Al. January 81, 1837. Rule to show cause why money in court should not be impounded to answer defendant's costs. Debt on bond against several defendants. Narr. and pleas, but no replication. One defendant pays a sum into court, pleading that he had tendered that sum. Parties go to trial, but on disagreement, the jury discharged. The plaintiff dies, and his administrator substituted, who not appearing when the cause is again reached, is nonsuited. The court will impound the money paid in to answer defendant's costs. After plaintiff's going to trial, which trial does not result in a verdict, and there being a second venire, he is called and nonsuit, it is too late to take advantage of the nt of a replication. THIS was an action of debt on a joint and several bond of the defendants conditioned for the payment of 125 dollars. The defendant Cutchens pleaded payment and a set-off; the other defendant pleaded payment and a release. When the cause was reached in April, 1835, and before the jury were sworn, the defendant Cutchens paid into court the sum of 110 dollars 71 cents, and pleaded that on the 9th September, 1833, he had made a tender of that sum, and that the money was no...« less