Sweigart v. Lowmarter
Supreme Court of Pennsylvania
IN ERROR. .This suit was commenced in the Court of Common Pleas of York county, by the plaintiff in error, John Sweigart, against the defendant in error, Jacob Lowmarter, administrator of Henry Rei-singer,-deceased, according to the record returned on a writ of error to the court below, “by summons in debt by assumpsit, not exceeding two thousand five hundred dollars.” The plaintiff filed a declaration in account render which contained four counts.
Read the full summary
IN ERROR. .This suit was commenced in the Court of Common Pleas of York county, by the plaintiff in error, John Sweigart, against the defendant in error, Jacob Lowmarter, administrator of Henry Rei-singer,-deceased, according to the record returned on a writ of error to the court below, “by summons in debt by assumpsit, not exceeding two thousand five hundred dollars.” The plaintiff filed a declaration in account render which contained four counts. The first count stated, that Sweigart and Reisinger owned a stud horse called Bold Lion, which was to be kept by Reisinger, and was under his care…
1Opinion of the CourtGibson, J.
This record is a tissue of extravagant blunders, and many errors might have been assigned, that would be fatal to the judgment. The action was originally debt under the act of assembly on a promise to account for monies received as bailiff; and the declaration was filed in account render, without any agreement appearing of record to cure this monstrous incongruity. Judgment quod computet was rendered by confession, and auditors were as-: signed, by whom certain issues taken by the parties were so imperfectly certified, that it is difficult to say what they are. The plaintiff had averred in…
2Cited by1 opinion
- M'Conahy v. Centre & Kishacoquillas Turnpike Road Co.Supreme Court of Pennsylvania · 1830