M'Laughlin v. Parker
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Philadelphia county. This was an action brought by Parker against McLaughlin, , r .. ri before a justice or the peace, m which judgment was given ^ just^ce in favour of the plaintiff, for 85 dollars and five cents, and costs, on the 13th October, 1813. The defendant appealed to the Court of Common Pleas.
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In Error. ERROR to the Common Pleas of Philadelphia county. This was an action brought by Parker against McLaughlin, , r .. ri before a justice or the peace, m which judgment was given ^ just^ce in favour of the plaintiff, for 85 dollars and five cents, and costs, on the 13th October, 1813. The defendant appealed to the Court of Common Pleas. The plaintiff filed a declaration, in which he laid an assumption of the defendant on the 16th November, 1813. A verdict and judgment were obtained by the plaintiff, and it was now assigned for error, that the cause of action laid in the declaration, was…
1Opinion of the Court
Tilghman C. J.
It is painful to reverse judgments on points which may be foreign.to the merits; but when errors stare us in the face, a reversal is unavoidable. If this action was really commenced before the debt was due, justice would require that it should be dismissed, with costs to the defendant. Biit I am afraid the assumption has been laid wrong, through inadvertence. Should this be the case, I can only express my. regret for the accident. As there seems to have been some doubt among the attornies of the Common Pleas, it is proper they should understand it to be our opinion, that the…
2Cases cited3 opinions
- Moore v. WaitSupreme Court of Pennsylvania · 1807
- Owen v. ShelhamerSupreme Court of Pennsylvania · 1810
- Gordon v. KennedySupreme Court of Pennsylvania · 1810
3Cited by4 opinions
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- Langer v. ParishSupreme Court of Pennsylvania · 1822
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