Lancaster v. De Normandie
Supreme Court of Pennsylvania
Upon a writ of error to the Court of Common, Pleas of Bucks county, it appeared by the record, that James De Normandie brought an action of covenant in that court, against Morris Lancaster, in which he declared upon certain articles of agreement under seal; and the defendant having pleaded “ covenants performed,” &c. the parties went to trial upon this issue. Annexed to the record was a paper beginning thus, “ James De Normandie, 1 v. > Covenant.
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Upon a writ of error to the Court of Common, Pleas of Bucks county, it appeared by the record, that James De Normandie brought an action of covenant in that court, against Morris Lancaster, in which he declared upon certain articles of agreement under seal; and the defendant having pleaded “ covenants performed,” &c. the parties went to trial upon this issue. Annexed to the record was a paper beginning thus, “ James De Normandie, 1 v. > Covenant. Morris Lancaster. ) The counsel for the defendant, requests the court to charge the Wy, 1. That the action is brought upon articles of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is singular to find ourselves formally settling, at so late a day, a point of practice under the act of 1806, which has been a subject of daily occurrence and repeated decision. The adjudications on it, I had thought, were to be found in the reports; and I have consequently been surprised to find nothing there but the decisions in Downing v. Baldwin, and Brown v. Caldwell, (10 Serg. & Rawle, 114.) The first of these cases was determined shortly before I came to the bench; since which time the practice has been variously modified.…
2Cases cited1 opinion
- Brown v. CaldwellSupreme Court of Pennsylvania · 1823
3Cited by5 opinions
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Janney v. HowardSupreme Court of Pennsylvania · 1892
- Bartolett v. DixonSupreme Court of Pennsylvania · 1873
- Meese v. LevisSupreme Court of Pennsylvania · 1850
- Alexander v. WeidnerSupreme Court of Pennsylvania · 1876