Lawver v. Walls

Supreme Court of Pennsylvania

Lawver v. Walls

17 Pa. 75, 1851 Pa. LEXIS 142

CourtSupreme Court of Pennsylvania

DecidedAugust 1, 1851

StatusPublished

Cited by4 cases

This text of 17 Pa. 75 (Lawver v. Walls) 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

Lawver v. Walls, 17 Pa. 75, 1851 Pa. LEXIS 142 (Pa. 1851).

Pincite

Opinion

Per Curiam.

Gould v. Crawford settles the present case. The proceedings of the justice are regulated by the statute, and it gives him no authority to enter judgment of non-suit after appearance. Want of appearance is the ground of a non-suit [77]*77even by the course of the common law; for the plaintiff is called and makes default. Such ip the form of the judgment. When he answers, there is no other course than to go to the jury. The judgment in this instance was final, and the plaintiffs’ course was to appeal from it.

Judgment affirmed.

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Per Curiam.

Gould v. Crawford settles the present case. The proceedings of the justice are regulated by the statute, and it gives him no authority to enter judgment of non-suit after appearance. Want of appearance is the ground of a non-suit [77]*77even by the course of the common law; for the plaintiff is called and makes default. Such ip the form of the judgment. When he answers, there is no other course than to go to the jury. The judgment in this instance was final, and the plaintiffs’ course was to appeal from it.

Judgment affirmed.

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Bluebook (online)

17 Pa. 75, 1851 Pa. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawver-v-walls-pa-1851.

Opinion

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