Butterworth v. White

Philadelphia County Court of Common Pleas

Butterworth v. White

2 Miles 141

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedSeptember 16, 1837

StatusPublished

This text of 2 Miles 141 (Butterworth v. White) 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

Butterworth v. White, 2 Miles 141 (Pa. Super. Ct. 1837).

Pincite

Opinion

Per Curiam.—

In every case of this kind, the court must exercise a sound discretion. While a defendant shall not be twice vexed by being held to bail for the same cause of action, yet where the circumstances show there was no actual oppression, and no design to harass, the court will not allow the defendant so far to take advantage of a mere inadvertence or mistake of the plaintiff in the first instance, as to obtain a discharge on common bail on a second writ rightly issued.

Rule discharged.

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Per Curiam.—

In every case of this kind, the court must exercise a sound discretion. While a defendant shall not be twice vexed by being held to bail for the same cause of action, yet where the circumstances show there was no actual oppression, and no design to harass, the court will not allow the defendant so far to take advantage of a mere inadvertence or mistake of the plaintiff in the first instance, as to obtain a discharge on common bail on a second writ rightly issued.

Rule discharged.

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Bluebook (online)

2 Miles 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butterworth-v-white-pactcomplphilad-1837.