Taylor v. Pearl

Pennsylvania Court of Common Pleas, Philadelphia County

Decided April 13, 1839

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1839-04-13

ACTION to December term, 1838, No. 819. The plaintiff filed a copy of promissory notes, but filed no narr, or statement of his claim. Defendant voluntarily filed a plea, and directed the prothonotary to put the case on the trial list. The plaintiff had filed no replication. Upon the cause being called for trial, plaintiff did not appear, and was nonsuited. The plaintiff obtained this rule to show cause. referred to 6 S. & R. 25-53.

Decided 1839-04-13

Per Curiam.—

¶1The plaintiff had filed neither narr. or statement. Nor had he replied to defendant’s plea. The cause was therefore irregularly on the list, and the nonsuit was entered by the judge, his attention not having been directed to the state of the pleadings.

¶2Rule absolute.