Lewis v. Williams
This text of 6 Whart. 264 (Lewis v. Williams) 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.
Opinion
Nothing is clearer at the common law than that a judgment in a several action against a partner, merges the debt; and that if the statute does not help this plaintiff, the law is against him. But the statute was intended for the case of a judgment on a joint action taken severally against one of the defendants, which is nevertheless a joint judgment. Joint and several obligors are indeed mentioned in it; but there is no room for its application where one of them has been sued severally: the other would be liable on what is his several bond without it. The mischief was, that defendants, in a joint action, not taken or served, were discharged by the judgment, though the plaintiff had done all he could to bring them,in ; and no more was intended to be remedied. In this case, the plaintiff chose to accept the several judgment of one of the partners; and the statute is applicable exclusively to cases, not only of joint contract, but also of joint action.
Judgment affirmed.
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Cite This Page — Counsel Stack
6 Whart. 264, 1841 Pa. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-williams-pa-1841.