Stroop v. Swarts

Supreme Court of Pennsylvania

Stroop v. Swarts

12 Serg. & Rawle 76, 1824 Pa. LEXIS 112

DecidedOctober 18, 1824

StatusPublished

This text of 12 Serg. & Rawle 76 (Stroop v. Swarts) 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

Stroop v. Swarts, 12 Serg. & Rawle 76, 1824 Pa. LEXIS 112 (Pa. 1824).

Pincite

Opinion

Per Curiam.

In this case, there was no judgment for the plaintiffs in the court below, — the judgment was arrested. Now, this court could not give judgment for the husband alone, even if they should think, (which they do not) that the judgment ought not to have been arrested; because the wife, who was the meritorious cause, is dead, and the cause of action does not survive. If the wife had died, after the judgment had been given for her husband and her, it would have been different. The judgment would then have survived to the husband.

Writ of error abated..

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Per Curiam.

In this case, there was no judgment for the plaintiffs in the court below, — the judgment was arrested. Now, this court could not give judgment for the husband alone, even if they should think, (which they do not) that the judgment ought not to have been arrested; because the wife, who was the meritorious cause, is dead, and the cause of action does not survive. If the wife had died, after the judgment had been given for her husband and her, it would have been different. The judgment would then have survived to the husband.

Writ of error abated..

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Bluebook (online)

12 Serg. & Rawle 76, 1824 Pa. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stroop-v-swarts-pa-1824.