Miller v. Ralston
Miller v. Ralston
1 Serg. & Rawle 309
Cases that cite this one
6 later published cases cite this decision.
- Corrigan v. Bank of America, N.A. (Fla. Dist. Ct. App. 2016)
- McNulty v. Batty (Wis. 1847)
- State ex rel. Bond v. Fisher (Mo. 1910)
- Butcher v. Metts (Philadelphia County Court of Common Pleas 1836)
- Griffith v. Eshelman (Pa. 1835)
- Roud v. Griffith (Pa. 1824)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It appears by the record that the action was brought before the debt was due, which is manifest •error. ■ The judgment must therefore be reversed.
Mr. Hopkins then moved for a venire facias de novo, which the Court refused, because there was no error in the course of the trial, but it appeared from the plaintiff’s own averment that there was no cause of action at the time the suit was commenced.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.