Pinchin v. Fry

by Supreme Court of the United States

SUPREME COURT of Pennʃylvania:

January Term, 1789.

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PINCHIN verʃus FRY.

O

N the return of a Certiorari to one of the Juftices of Philadelphia county, it appeared, that the Defendant had been fummoned to anfwer tomorrow, that is, on the day fucceeding the date of the fummons, for a debt under ƒorty ʃhilling ; that the matter in difpute was then referred to three men, who reported the fum of Ł2.2.4. due to the Plaintiff; and that for the amount of this report, the Juftice had entered judgment with cofts.

Levy moved to reverfe the judgment–1ft, Becaufe the ʃummons was returnable on the next day, whereas the act of Affembly requires that there fhould be allowed a time not lefs than five, nor exceeding eight days. 1State Laws 204. And 2dly, Becaufe the fummons was to anfwer a debt under forty fhillings, and the judgment was for a greater fum.

by the court :− Let the judgment be reverfed.