M'Entire v. M'Elduff
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Westmoreland county. The defendant in error brought an action of covenant before a justice of the peace to recover damages not exceeding one hundred dollars, for a breach of contract under seal, and obtained judgment for $81 50 damages, and $6 53 costs.
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In Error. THIS was a writ of error to the Common Pleas of Westmoreland county. The defendant in error brought an action of covenant before a justice of the peace to recover damages not exceeding one hundred dollars, for a breach of contract under seal, and obtained judgment for $81 50 damages, and $6 53 costs. The plaintiff in error appealed to the Court of Common Pleas, where the cause was referred to arbitrators, who made the following award: — “ We, the arbitrators mentioned in the « above rule, viz. James Murray Esq., John Humes, Daniel u Flemming, and James Hutcheson, met at the time and…
1Opinion of the Court
Tilghman C. J.
M'Elduff, the defendant in error, brought
an action of covenant against M'-Entire, the plaintiff in error, before a justice of the peace, and obtained judgment for 81 dollars SO cents damages, and costs of suit. The defendant appealed to the Court of Common Pleas, where the cause was submitted to arbitrators, who made an award in favour of the plaintiff for 115 dollars damages with costs of suit, for which judgment was entered in the Court of Common Pleas. The plaintiff in error has assigned six reasons for reversing the judgment.
1. No declaration was filed.
In suits before a…
2Cited by1 opinion
- Le Barron v. HarriottSupreme Court of Pennsylvania · 1830