# Bingham v. Wilkins

> District Court, E.D. Pennsylvania · August 15, 1836 · 3 F. Cas. 407

URL: https://www.frixlaw.com/law-library/cases/8628577

## Case

- **Full name:** BINGHAM v. WILKINS
- **Court:** District Court, E.D. Pennsylvania
- **Decided:** August 15, 1836
- **Citations:** 3 F. Cas. 407
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hopkinson
- **Judges:** Hopkinson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8628577

## Opinion text

HOPKINSON, District Judge.
As to the claim being satisfied, or the debt discharged, by the discontinuance, there is no such law. A discharge from a ca. sa. on a judgment, is a legal satisfaction; but not from mesne process, or by discontinuance of the suit If the debt were satisfied, it might be ground of final decree in favor of libellant, but not of quashing the suit, even if he could show a receipt or release.
The rule that no one shall be twice vexed for the same claim, applies only to the bail; and does not afford ground to quash the proceedings. On such a hearing, the court will take care that the defendant is not held to bail in two places at one time, but never dismiss the suit. We leave the respondent to his plea. Rule discharged.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8628577. Public record. Not legal advice.