Beale v. Commonwealth ex rel. Marks
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Mifflin county. Debt in the court below on recognizance against the plaintiffs in error, executors of TV. Beale, one of the sureties of T. Beale, sheriff of that county. To the declaration on the recognizance the defendants had pleaded payment, with leave to give the special matter in evidence; and issue was joined thereon.
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IN ERROR. Writ of error to the Court of Common Pleas of Mifflin county. Debt in the court below on recognizance against the plaintiffs in error, executors of TV. Beale, one of the sureties of T. Beale, sheriff of that county. To the declaration on the recognizance the defendants had pleaded payment, with leave to give the special matter in evidence; and issue was joined thereon. Afterwards, on application of the plaintiff,the court below granted leave to file a new declaration, and withdraw the former one. A new narr. was filed, but the former was not withdrawn. It did not appear that to the…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
There is no doubt of the power of the court below to permit the substitution of the amended narr. As clear it is, that though the defendants below might, if they thought fit, enter a new plea to the new declaration,, and it would have been regular to-have done so, yet they might elect to abide by their former plea of payment; and after a verdict, their going on to trial upon that plea must here be taken as conclusive proof that they did so elect. The slip in the name of Christopher, instead of Christian, cannot be assigned for error. The time to…
2Cases cited4 opinions
- Thompson v. MusserSupreme Court of the United States · 1789
- Zerger v. SailerSupreme Court of Pennsylvania · 1813
- Lewis v. EwingSupreme Court of Pennsylvania · 1817
- Brownfield v. Commonwealth ex rel. ManroSupreme Court of Pennsylvania · 1825