Zerger v. Gonter
Supreme Court of Pennsylvania
IN ERROR. By the return of a writ of error to the Court of Common Pleas of York county, in this case, it appeared, that this suit was brought in that court to April Term, 1S21, by John Gonler, the defendant in error, against Michael Zerger, by capias, in debt by assumption, for work and labour, &c. not exceeding five hundred dollars, to which the sheriff returned cepi corpus, and bail bond.
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IN ERROR. By the return of a writ of error to the Court of Common Pleas of York county, in this case, it appeared, that this suit was brought in that court to April Term, 1S21, by John Gonler, the defendant in error, against Michael Zerger, by capias, in debt by assumption, for work and labour, &c. not exceeding five hundred dollars, to which the sheriff returned cepi corpus, and bail bond. On the 18th of October, 1821, the plaintiff filed a statement, signed by his attorney, that his demand was founded on a verbal and implied assumption, made by the defendant to the plaintiff, to pay him…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
If this judgment can be maintained, it is because the record shows it to be a record by confession. It does not show that it is a judgment by the court, for what appeared to be due; and where there was an appearance by attorney, it is against all probability that the attorney confessed judgment, or that in fact five hundred dollars was the exact sum claimed by the plaintiff. The writ is in a plea of debt, not exceeding five hundred dollars, special bail in five hundred dollars, and the statement without date, on an implied promise for five…
2Cited by2 opinions
- Hays v. CommonwealthSupreme Court of Pennsylvania · 1850
- Hall & M'Kelvey v. LawSupreme Court of Pennsylvania · 1841