Hinds v. Willis
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Beaver county. The plaintiff in error was the plaintiff below. ■ The suit was in case by George Hinds, against Luther Willis, to which the defendant pleaded a former judgment in his favour. in the Court of Common Pleas of Erie county, in a suit by the plaintiff, founded on the same cause of action, and gave in evidence a suit before a justice of the peace of Erie county, for the same cause of action, in which…
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IN ERROR. This was a writ of error to the Court of Common Pleas of Beaver county. The plaintiff in error was the plaintiff below. ■ The suit was in case by George Hinds, against Luther Willis, to which the defendant pleaded a former judgment in his favour. in the Court of Common Pleas of Erie county, in a suit by the plaintiff, founded on the same cause of action, and gave in evidence a suit before a justice of the peace of Erie county, for the same cause of action, in which judgment was rendered in favour of the plaintiff, for seventy dollars, and costs, but on an appeal to the Court of…
1Opinion of the Court
The opinion of the court was cielivered by
Gibson, J.
All the points but one have been abandoned in the argument. Under the plea of a former recovery, the defendant below proved, that the plaintiff had formerly sued him for the same cause of action, before a justice of the peace, and obtained a judgment for seventy dollars, from which the defendant áppealed, to the Court of Common Pleas, where the cause was determined on a rule of reference by an award in his favour, of a sum beyond the jurisdiction of a justice of the peace. And whether the judgment of the court on this award lie void, for…
2Cited by1 opinion
- Kennedy v. HugheySupreme Court of Pennsylvania · 1834