Dubois v. Lord
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. This was an action by Josiah Lord against Abraham Dubois, who was a justice of the peace, upon a contract by the defendant to enter up a transcript of an appeal from a judgment of the said justice against the said Josiah Lord at the suit of Ebenezar Bowman. The facts of the case are sufficiently stated in the opinion of the court, by which to understand the only points decided in the cause.
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This suit is brought upon .an alleged parol agreement, to make out and deliver to the prothonotary’s office a transcript of an appeal entered on the docket "of the defendant, who was a justice of the peace. The grievance complained of in the plaintiff ’s action, is the failure to deliver the transcript according to contract, by which default he lost his appeal.
In the answer to the defendant’s first point, the court, in substance, instruct the jury, that if the justice was called upon for a transcript, and promised to have it made out.the same…
2Cited by2 opinions
- Improvement Company v. MunsonSupreme Court of the United States · 1872
- Child v. McKean, Pennsylvania Court of Common Pleas, Philadelphia County1838