James v. Young

Philadelphia County Court of Common Pleas

James v. Young

1 U.S. 248, 1 Dall. 248

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedMarch 15, 1788

StatusPublished

This text of 1 U.S. 248 (James v. Young) 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

James v. Young, 1 U.S. 248, 1 Dall. 248 (1788).

Pincite

Opinion

But

By the Court:

A third person fully acquainted with the circumstance ought certainly to be admitted to make the affidavit of a defence when the party himself from extreme sickness is incapable of making it; but when he is present, and subject to no disability, it is regularly incumbent upon him to do it. This, however, it a case under very particular circumstances; and the judgment was entered at the first term. We think, therefore, the judgment ought to stand as a security; but that the Defendant must be let into a trial upon an issueable plea.

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But

By the Court:

A third person fully acquainted with the circumstance ought certainly to be admitted to make the affidavit of a defence when the party himself from extreme sickness is incapable of making it; but when he is present, and subject to no disability, it is regularly incumbent upon him to do it. This, however, it a case under very particular circumstances; and the judgment was entered at the first term. We think, therefore, the judgment ought to stand as a security; but that the Defendant must be let into a trial upon an issueable plea.

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Bluebook (online)

1 U.S. 248, 1 Dall. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-young-pactcomplphilad-1788.