Kraft v. Gilchrist
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This action was originally brought before a justice of the peace by J. M. Gilchrist and George Duncan against Peter Kraft and Samuel Lightner. The summons was issued in debt on book account, and the plaintiffs’ claim before the justice was stated to be $43.50 for a lot of spars.
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Error to the Common Pleas of Allegheny county. This action was originally brought before a justice of the peace by J. M. Gilchrist and George Duncan against Peter Kraft and Samuel Lightner. The summons was issued in debt on book account, and the plaintiffs’ claim before the justice was stated to be $43.50 for a lot of spars. "When the cause came into the Common Pleas, by appeal, the plaintiff declared in trover, laying the conversion to have taken place on a day subsequent to the commencement of the suit before the justice. The defendants pleaded not guilty. When the case was called for…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
Properly speaking, there can be no question of forms of action before justices of the peace, but only of causes or subject-matters of action. The justice describes this case as “ debt on book account;” but afterwards he is more particular, and says that “ plaintiff’s demand is for a lot of spars.” When the case came into court on appeal, the plaintiffs declared in trover for thirty spars, and we cannot say that this is a change of the cause of action. We would say, primá facie, it is not. If the defendants had wrongfully converted the…
2Cases cited1 opinion
- Cummings v. LeboSupreme Court of Pennsylvania · 1829