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2 Yeates 154

Melchior v. Ralston

Supreme Court of Pennsylvania

Decided December 15, 1796

Supreme Court of Pennsylvania · decided 1796-12-15

Writ of error to Philadelphia county. By the record returned, it appeared, that the defendant in error, had brought debt in the Common Pleas on an obligation to March term 1793, on which the now plaintiff had appeared by entry of special bail. Judgment was entered by default in June term following, but no rule to plead appeared to be entered, nor did it appear when the declaration was filed.

Decided 1796-12-15

Per curiam.

¶1We are bound to suppose that the declaration was filed in due time, and that a rule to plead was given. If there was any irregularity in entering the judgment, the party’s remedy was confined to an application in the Court of Common Pleas. There are several proceedings as justifying bail, &c. which the court above cannot enquire into. We know that it has been the usual practice to enter judgments in the different counties without taking a rule to plead, and it would introduce strange confusion to reverse them on that account. The bail must be considered as fixed. If there is any defence on the merits, it is agreed that it shall be fully heard.

¶2Judgment affirmed.

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