Benkard v. Clements

Philadelphia County Court of Common Pleas

Benkard v. Clements

2 Miles 284

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedMarch 28, 1839

StatusPublished

This text of 2 Miles 284 (Benkard v. Clements) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benkard v. Clements, 2 Miles 284 (Pa. Super. Ct. 1839).

Pincite

Opinion

The Court

decided that the first objection was fatal, but Pettit, President, and Jones, X, gave no opinion as to the latter objection. Stroud, J., thought the grammatical construction of the act, required no part of what the plaintiff’s affidavit was to contain to be sworn to positively, though he stated that in reference to an analogous section of the same act, (section 4,) the Supreme Court in Kevins v. Merrie, 2 Wharton R. 499, had decided otherwise.

Rule absolute.

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The Court

decided that the first objection was fatal, but Pettit, President, and Jones, X, gave no opinion as to the latter objection. Stroud, J., thought the grammatical construction of the act, required no part of what the plaintiff’s affidavit was to contain to be sworn to positively, though he stated that in reference to an analogous section of the same act, (section 4,) the Supreme Court in Kevins v. Merrie, 2 Wharton R. 499, had decided otherwise.

Rule absolute.

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Bluebook (online)

2 Miles 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benkard-v-clements-pactcomplphilad-1839.