Geddis v. Hawk
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Lebanon county. This was an action of debt by Robert Geddis and Samuel Carper surviving John Wolfersberger, against Jonas Hawk surviving executor of Michael Hawk who was a joint and several obligor with Adam Hawk.
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WRIT of error to the common pleas of Lebanon county. This was an action of debt by Robert Geddis and Samuel Carper surviving John Wolfersberger, against Jonas Hawk surviving executor of Michael Hawk who was a joint and several obligor with Adam Hawk. The plaintiff gave in evidence two bonds, dated the 3d April 1810, given by Adam Hawk and Michael Hawk to Robert Geddis, Samuel Carper and John Wolfersberger, conditioned for the payment of 471 pounds 1 shilling and 4 pence, on the 1st April 1814, and the 1st April 1815. The defendant then gave in evidence the record of the proceedings of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The argument has brought into review our former determination of this cause, the defendant insisting on the policy of adhering to precedents, even when the principle of them is wrong. Though the doctrine of stare decisis is of undoubted obligation ; yet there seems to be a substantial difference between changing an admitted principle, and overruling a decision which is but evidence of it; the former partaking of legislation, which, is foreign to the business of the judiciary, while the latter is incontestably within the pale of its…
2Cases cited7 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Cope v. SmithSupreme Court of Pennsylvania · 1822
- Lichtenthaler v. ThompsonSupreme Court of Pennsylvania · 1825
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3Cited by8 opinions
- Mehaffy v. DobbsSupreme Court of Pennsylvania · 1840
- Weathers v. PattersonSupreme Court of Alabama · 1857
- Fleming v. CulbertSupreme Court of Pennsylvania · 1864
- Supplee v. HerrmanSuperior Court of Pennsylvania · 1901
- Read v. Pennsylvania Co. Etc.Supreme Court of Pennsylvania · 1940
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