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2 D.C. 82

Welch v. Mandeville & Jamesson

Decided November 15, 1813

Covenant to pay money for land sold to the defendants. The defendants pleaded that in a former suit between the same parties, for the same cause of action, such proceedings were had that “ the said James Welch came into court and acknowledged that he would not further prosecute his said suit, and from thence altogether withdraw himself.” Whereupon the record states that Allen Prior, for whose use this action is brought, comes and says, &c., in substance, that Welch being…

Relies on Welch v. Mandeville

Decided 1813-11-15

The CouRT(Thruston, J., absent,)

¶1sustained the demurrer to the replication, because it was not made in the name of the legal plaintiff. ^Reversed. 1 Wheat. 233.

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