Pumeroy v. Bruce
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Westmoreland county, from which the judgment in this case was removed, by writ of error, Alexander Bruce, the defendant in error, and plaintiff below, declared against George Pumeroy, the plaintiff in error, and defendant below, in covenant.
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IN ERROR. In the Court of Common Pleas of Westmoreland county, from which the judgment in this case was removed, by writ of error, Alexander Bruce, the defendant in error, and plaintiff below, declared against George Pumeroy, the plaintiff in error, and defendant below, in covenant. The declaration set forth an indenture between the parties,, dated the 20th of August, 1825, which witnessed, that the said Alexander Bruce did, on, &c. by and with his own consent, put and place, and by the same presents, did put and plage himself, the said Alexander Bruce, with his own eon-sent, and that of his…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, .1.
The objeclion to this declaration is after a verdict, ou atrial of the merits; and it, therefore, became the duty of the court, and has been their inclination, to support the judgment, if it could be done. But this anxiety to overlook form, and to consider as cured every defective statement of title, which a verdict could cure, ought not to prevail, where no title is set out, and where one of the breaches assigned is on a covenant not contained in the covenants set forth in the declaration. The covenants stated set forth the usual covenants…
2Cases cited3 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Gordon v. KennedySupreme Court of Pennsylvania · 1810
- President of the Northampton Bank v. AllenMassachusetts Supreme Judicial Court · 1813