Boyer v. Potts
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Berks county, in an action of assumpsit, brought by the plaintiff in error, Jacob K, Boyer, for the use of his assignees, against David Potts, jr., the defendant in error.
Read the full summary
IN ERROR. Error to the Court of Common Pleas of Berks county, in an action of assumpsit, brought by the plaintiff in error, Jacob K, Boyer, for the use of his assignees, against David Potts, jr., the defendant in error. Upon the trial in the court below, after the plaintiff had given in evidence his book of original entries, the defendant proved that the plaintiff had brought a suit before William Mendenhall, Esq., a justice of the peace, since deceased, against David Potts, sen., the father of the defendant; and, to prove that the suit before the justice was for the same 'cause of action as…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
There is no colour to say, that the court withdrew the determination of the facts from the jury; and the inquiry is narrowed to the bill of exceptions to evidence. It was alleged, that Boyer had sued David Potts, the father, before Justice Men-denhall, for the same cause of action that is laid in this suit against his son; and, to prove this, the defendant offered an account furnished to his father, in the handwriting.of Justice Mendenhall,-who is dead, accompanying a note from the justice, which contains a demand of payment. This was…
2Cited by2 opinions
- Taylor v. WilliamsTexas Supreme Court · 1863
- State ex rel. Claunch v. CastleberrySupreme Court of Alabama · 1853