Murtland v. Floyd

Citations

• 153 Pa. 99
• 25 A. 1038
• 1893 Pa. LEXIS 1056

Syllabus

<p>Practice, O. P. — Entry of judgment against joint debtors.</p> <p>At common law a creditor was required to pursue all of his joint debtors pari passu so far as he could, and any severance by Ms own act, or connivance either before suit, or in the writ or proceedings at any stage of the case, was fatal; and this rule of the common law has not been changed by the act of August 2, 1842, P. L. 459.</p> <p>A judgment cannot be entered against one of several defendants for want of a sufficient affidavit of defence, where the plaintiff has taken no judgment against other defendants who have made no defence whatever.</p>