Taylor v. Hanlon
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county : Of-July Term-1882, No. 228. ' This was an appeal by defendant .from the judgment of a justice of the peace. The transcript was not printed with the record, but it was stated in tlie paper booEs that the action was trespass.
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Error to the Court of Common Pleas of McKean county : Of-July Term-1882, No. 228. ' This was an appeal by defendant .from the judgment of a justice of the peace. The transcript was not printed with the record, but it was stated in tlie paper booEs that the action was trespass. The rule of court of McKean county provides that “in appeals from justices of the peace the transcript shall stand for a declaration, and the prothouotary at the time of docketing the same may indorse thereon a plea for the defendant, which in actions of trespass and trover shall he ‘ not guilty.’” In this case a plea…
1Opinion of the CourtJustice Paxsgn
*507We are unable to say whether the court below erred m permitting the plaintiff below to change the form of action from trespass to trover. If it was a change of the form of action only, the amendmeut was allowable under the Act of 10th May 1S7Í P. L. 265. There is nothing upon the record 'to show what the cause of action was before the justice. The transcript is not given and no narr. was filed, the case having been tried under the rule which substitutes the transcript of the justice for a declaration.
Picking up our knowledge of the case as best we can, from the paper book, we learn that it…
2Cited by4 opinions
- Pyles, Exrx. v. Bosler, Exrx.Supreme Court of Pennsylvania · 1934
- Clowes v. HughesSuperior Court of Pennsylvania · 1897
- Beadling, Admx. v. MooreSuperior Court of Pennsylvania · 1928
- Ewart v. Riffle, Pennsylvania Court of Common Pleas, Greene County1927