Miller v. Ralston
Supreme Court of Pennsylvania
In Error. ON the 4th May, 1812, Ralston obtained a judgment before Richard Renshaw, Esq. an alderman of the city, against Miller-, and on the 12th of the same month an appeal was ■entered to the Common Pleas of Philadelphia county. said that the day was not material. now shewed for error that the promise laid in the declaration was after the appeal was entered; to wit, on the Ist June, 1812.
1Opinion of the Court
By the Court.
It appears by the record that the action was brought before the debt was due, which is manifest •error. ■ The judgment must therefore be reversed.
Mr. Hopkins then moved for a venire facias de novo, which the Court refused, because there was no error in the course of the trial, but it appeared from the plaintiff’s own averment that there was no cause of action at the time the suit was commenced.
Judgment reversed.
2Cited by7 opinions
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- Butcher v. Metts, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Roud v. GriffithSupreme Court of Pennsylvania · 1824
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
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