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KIRKBRIDE v. DURDEN

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1 U.S. 288 (1788)

1 Dall. 288

KIRKBRIDE et al. Plfs. in Err., versus DURDEN.

High Court of Errors and Appeals, of Pennsylvania.

April 1, 1788.

Attorney(s) appearing for the Case

Swift, for the Plaintiff in error.

Wilcocks, for the Defendant in error.

The CHIEF JUSTICE delivered the unanimous Judgment of the Court.

M`KEAN, Chief Justice,

We are happy that this cause has come before us so recently after the passing of the act of Assembly; as, by an early settlement of the practice, much uncertainty and litigation may be avoided.

There are two grounds upon which, we are clearly of opinion, this Judgment ought to be set aside. The first is, that...

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