Trego v. Lewis
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: To May Term 1868, No. 23. This was an action of assumpsit, brought May 12th 1859, by James Lewis against Levi Trego and A. P. Henderson. The declaration was filed October 5th 1860, and contained all the common counts, with the ordinary venue “ Cumberland county ss.” As filed, the first count laid the contract “ on the-day of -, in the year one thousand eight hundred and —>, at the county aforesaid.”
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Error to the Court of Common Pleas of Cumberland county: To May Term 1868, No. 23. This was an action of assumpsit, brought May 12th 1859, by James Lewis against Levi Trego and A. P. Henderson. The declaration was filed October 5th 1860, and contained all the common counts, with the ordinary venue “ Cumberland county ss.” As filed, the first count laid the contract “ on the-day of -, in the year one thousand eight hundred and —>, at the county aforesaid.” The other counts were the same, except laying the contract “on the day and year last aforesaid.” The damages were laid at $1000. The…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Agnew, J.
Many errors have been assigned in this case, but we discover none possessing any weight. As the plaintiff in error has discussed them in classes, we may follow the same path. The *469amendment of the declaration permitting the promises to he laid as made in Virginia, adding the proper videlicet to bring the action ■within the jurisdiction of the court, was not erroneous. The action was brought to recover the price of the hogs purchased in Virginia. All the evidence and the history of the case show conclusively that Lewis, who was a…
2Cited by17 opinions
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- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- Mahoney v. Park Steel Co.Supreme Court of Pennsylvania · 1907
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