Franklin ex rel. Gross v. Mackey
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Lancaster county. The plaintiff in error was plaintiff below. Debt on recognizance in the name of Walter Franklin, presiding Judge of the Orphans’ Court of Lancaster county, for the use of Mam Gross and Elizabeth his wife, in right of said Elizabeth, against James Mackey, joint and several recognizor with Mam Gross and George Shockey, with notice to Robert M. Ross, purchaser and terre-tenant. Pleas nil debet and payment.
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IN ERROR. Error to the Court of Common Pleas of Lancaster county. The plaintiff in error was plaintiff below. Debt on recognizance in the name of Walter Franklin, presiding Judge of the Orphans’ Court of Lancaster county, for the use of Mam Gross and Elizabeth his wife, in right of said Elizabeth, against James Mackey, joint and several recognizor with Mam Gross and George Shockey, with notice to Robert M. Ross, purchaser and terre-tenant. Pleas nil debet and payment. On the trial the record of the recognizance, variant in sundry particulars from the declaration and from the writ, was offered…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
All the assignments of error have been abandoned except two, the denial of the amendment last offered, and, 2d. the denial of the nonsuit. The amendment depends entirely upon the act of assembly of the 21st of March, 1826, (Purdon, 411.) It appears to be the intent of the act to allow amendments on the trial, without any stint as to number. This seems to be conceded by the counsel for the defendant in error; but they argue that the amendment here proposed was such in itself, as is not permitted by the act; because it in a matter of substance,…
2Cases cited5 opinions
- Crotzer v. RussellSupreme Court of Pennsylvania · 1822
- Wilson v. WilsonSupreme Court of Pennsylvania · 1811
- Grasser v. EckartSupreme Court of Pennsylvania · 1809
- Cunningham v. DaySupreme Court of Pennsylvania · 1815
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1809
3Cited by2 opinions
- Burk v. HuberSupreme Court of Pennsylvania · 1834
- Lacroix v. Macquart, Pennsylvania Court of Common Pleas, Philadelphia County1835