Commonwealth v. Nesbitt

Supreme Court of Pennsylvania

Commonwealth v. Nesbitt

2 Pa. 16

DecidedSeptember 15, 1845

StatusPublished

This text of 2 Pa. 16 (Commonwealth v. Nesbitt) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Nesbitt, 2 Pa. 16 (Pa. 1845).

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Opinion

Rogers, J.

— One of the defendants having procured his certificate of discharge, the plaintiff entered a nolle prosequi as to him, and this is assigned for error. But this is right, for it is well settled, that in an action on a contract against several defendants, one of whom pleads bankruptcy, or other matter in his personal discharge, the plaintiff may enter a nolle prosequi as to him, and proceed against the other defendants. 2 Tidd’s Prac. 796; 2 Troub. & Haly, 438; 1 Wilson, 89; 1 Saund. 207, N.; 1 Chitty, 451.

Judgment affirmed.

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Rogers, J.

— One of the defendants having procured his certificate of discharge, the plaintiff entered a nolle prosequi as to him, and this is assigned for error. But this is right, for it is well settled, that in an action on a contract against several defendants, one of whom pleads bankruptcy, or other matter in his personal discharge, the plaintiff may enter a nolle prosequi as to him, and proceed against the other defendants. 2 Tidd’s Prac. 796; 2 Troub. & Haly, 438; 1 Wilson, 89; 1 Saund. 207, N.; 1 Chitty, 451.

Judgment affirmed.

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Bluebook (online)

2 Pa. 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-nesbitt-pa-1845.

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