Moss v. Biddle

Philadelphia County Court of Common Pleas

Moss v. Biddle

2 Miles 175

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedJanuary 20, 1838

StatusPublished

This text of 2 Miles 175 (Moss v. Biddle) 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

Moss v. Biddle, 2 Miles 175 (Pa. Super. Ct. 1838).

Pincite

Opinion

Per Curiam.—

The difficulties supposed by the plaintiff’s counsel to exist, are obviated by a reference to the plain spirit, if not the express words of the act. The ,3d, 4th and 5th sections are in entire harmony not only with each other, but with the 40th section of the act of 13th June, 1836, relating to the commencement of actions, which provides that an amicable action is to be considered “ in like manner as if the defendant had appeared to a summons issued against him by the plaintiff.” This rule, therefore, must b,e made absolute.

Rule absolute.

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Per Curiam.—

The difficulties supposed by the plaintiff’s counsel to exist, are obviated by a reference to the plain spirit, if not the express words of the act. The ,3d, 4th and 5th sections are in entire harmony not only with each other, but with the 40th section of the act of 13th June, 1836, relating to the commencement of actions, which provides that an amicable action is to be considered “ in like manner as if the defendant had appeared to a summons issued against him by the plaintiff.” This rule, therefore, must b,e made absolute.

Rule absolute.

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Bluebook (online)

2 Miles 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-biddle-pactcomplphilad-1838.