Legal Opinion

Strohecker v. Grant

Supreme Court of Pennsylvania

Decided July 2, 1827PublishedCited by 8 opinions

This cause, which was an action of covenant brought by John Strohecker, who survived John Garver, against George, Deborah, and William Grant, executors of Thomas Grant, deceased, was tried before Rogers, J., at a circuit court for Northumberland county on the 18th of April, 1827, when the jury under the direction of the judge gave a verdict for the plaintiff.

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This cause, which was an action of covenant brought by John Strohecker, who survived John Garver, against George, Deborah, and William Grant, executors of Thomas Grant, deceased, was tried before Rogers, J., at a circuit court for Northumberland county on the 18th of April, 1827, when the jury under the direction of the judge gave a verdict for the plaintiff. A motion was made on behalf of the defendants for a new trial, which having been overruled, an appeal was entered to the Supreme Court in Bank. The cause had been removed by certiorari from the Court of Common Pleas of Northumberland…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

This is an appeal from the decree of 'Judge Rogers, who decided in favour of the plaintiff generally; merely for *241the purpose of having the whole case brought before this court and disposed of.

The topics here- discussed have been principally on the form of the declaration, which the defendants contend is so substantially vitious that no verdict could cure it, and on the misjoinder; uniting in the same action demands in different rights.

It is the duty of judges to preserve the forms of actions, and parties are not to be permitted to convert…

2Cited by8 opinions

  1. Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
  2. Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
  3. Talbot v. WilkinsSupreme Court of Arkansas · 1876
  4. Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
  5. Chamblee v. McKenzieSupreme Court of Arkansas · 1876

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