2 Miles 201
Pennsylvania Court of Common Pleas, Philadelphia County
Decided April 21, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-04-21
THIS was an action to March term, 1838, No. 262. In the writ one Webb was plaintiff, and the defendants were styled “ P. Samuels (whose first name is unknown to the plaintiff,) and David Samuels, trading under the firm of F. and D. Samuel.” The declaration followed the writ as to the parties, and the defendants were ruled to plead. April 4, 1838, David Samuel pleaded “ not guilty,” and Frederick Samuel pleaded in abatement a misnomer, as to himself.
Decided 1838-04-21
¶1It is not necessary to consider more than the first reason assigned as to the defectiveness of the plea in abatement. The plea prays judgment generally of the writ and declaration thereon founded, whereas the objection presented by it, is merely in regard to one of the defendants. On the authority of Wade v. Shiff, 17 E. C. L. R. 162; judgment of respondeos ouster must be entered.
¶2Judgment accordingly.