Philadelphia Court of Nisi Prius June 3, 1844 (Serrill v. Denman)

The opinion of the court was delivered by

Sergeant, J.

— This suit was originally brought against Connell, Worley & Welsh, to recover a partnership debt. As to Connell the return was, “ not summonedand after declaration in the usual way, the suit proceeded against Worley and Welsh alone. The deaths of these two defendants have occurred since the suit was pending, and before judgment.