Hewitt v. Nicholson

Philadelphia County Court of Common Pleas

Hewitt v. Nicholson

2 Miles 322

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedJuly 6, 1839

StatusPublished

This text of 2 Miles 322 (Hewitt v. Nicholson) 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

Hewitt v. Nicholson, 2 Miles 322 (Pa. Super. Ct. 1839).

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Opinion

Per Curiam.—

An averment by the deponent in an affidavit to hold to bail, that he verily believes defendant is indebted to him, will be ineffectual, unless from the peculiar circumstances of the case, it would be unreasonable to require that the deponent should make a more distinct assertion of the existence of the debt. In this case, no such circumstances are detailed, to warrant a departure from the general rule. 2 Burr. 655; 2 Stra. 1209, 1226; 1 Wils. 231; 1 H. Bl. 245; Nevins v. Merrie, 2 Wh. R. 499.

Rule absolute.

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Per Curiam.—

An averment by the deponent in an affidavit to hold to bail, that he verily believes defendant is indebted to him, will be ineffectual, unless from the peculiar circumstances of the case, it would be unreasonable to require that the deponent should make a more distinct assertion of the existence of the debt. In this case, no such circumstances are detailed, to warrant a departure from the general rule. 2 Burr. 655; 2 Stra. 1209, 1226; 1 Wils. 231; 1 H. Bl. 245; Nevins v. Merrie, 2 Wh. R. 499.

Rule absolute.

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Bluebook (online)

2 Miles 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-nicholson-pactcomplphilad-1839.