Pennell v. Percival
Supreme Court of Pennsylvania
Error to the District Court Philadelphia. This was an action of assumpsit brought by Pennell and others against Percival, administrator of the estate of Edward W. Robinson, deceased.
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Error to the District Court Philadelphia. This was an action of assumpsit brought by Pennell and others against Percival, administrator of the estate of Edward W. Robinson, deceased. It was brought to recover a sum of money due to the plaintiffs for certain cast iron pipes, furnished to and used in the repair of a furnace near Middletown, Dauphin Co., Pa., in 1840, which they alledged was carried on by the defendant’s intestate, in partnership with the other persons named on the record. The declaration contains the common counts, including a count for merchandize sold and delivered, and also…
1Opinion of the Court
*200The opinion of the Court was delivered by
Rogers, J.
Where a juror, after being sworn, fails to appear, the course which the Court ought to pursue is obvious : either to compel his attendance, or to dismiss the jury and impanel another to try the cause. But, instead of doing this, the C¿urt, here, undertakes to dispense with the attendance of the defaulting juror, and to swear another in his place, without the consent, so far as appears, of the parties. This is manifest error. The act of 14th April, 1836, directs the manner of selecting the jury, and the 142nd section provides that the names of…
2Cases cited1 opinion
- Johnson v. Howe's Admr'sSupreme Court of Alabama · 1829
3Cited by4 opinions
- Mansfield's CaseSuperior Court of Pennsylvania · 1903
- Lillie v. American Car & Foundry Co.Supreme Court of Pennsylvania · 1904
- Commonwealth v. LevinsonSuperior Court of Pennsylvania · 1976
- Commonwealth v. LevinsonSuperior Court of Pennsylvania · 1976