McManus v. Cassidy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 26, to October and November Term 1869. On the 80th of March 1867, Robert Cassidy brought an action of assumpsit against Felix McManus and James Gr. Henry, partners as McManus & Henry.
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Error to the Court of Common Pleas of Armstrong county: No. 26, to October and November Term 1869. On the 80th of March 1867, Robert Cassidy brought an action of assumpsit against Felix McManus and James Gr. Henry, partners as McManus & Henry. The action was to recover the balance due on 2035 railroad ties delivered to the defendants under a contract under seal, made between the parties on the 9th of May 1866, by which the plaintiff bound himself to deliver to the defendants 2000 ties, described in the agreement, to be inspected and approved: in consideration of the plaintiff performing his…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Agnew, J.
— With a great desire to sustain this judgment, we find ourselves unable to do so without assuming legislative powers. The courts both of England and of this state have felt themselves bound by the common law to maintain the boundaries between actions. Where a plaintiff has misconceived the form of his action, he must be turned out of court to begin anew, no matter what be the merit of his cause. This is a blot upon our jurisprudence, and should be remedied by the legislature. It can easily be done by simply giving to the…
2Cases cited6 opinions
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
- M'Combs v. M'KennanSupreme Court of Pennsylvania · 1841
- Kelly v. FosterSupreme Court of Pennsylvania · 1809
- Harris v. LiggetSupreme Court of Pennsylvania · 1841
- Green v. RobertsSupreme Court of Pennsylvania · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Whitehill v. SchwartzSuperior Court of Pennsylvania · 1905
- Brick v. Kapner, Pennsylvania Court of Common Pleas, Philadelphia County1938