Kemmerer v. Young
Supreme Court of Pennsylvania
This was a writ of error to the Common Pleas of Northampton County. It was an action of debt brought by Young, the defendant in error, against the plaintiffs in error, administrators of John Kemmerer, on a bill obligatory, executed by Jacob Shook and John Kemmerer, the intestate of the plaintiffs in error, by which they bound themselves to pay to Young, two hundred and thirty two pounds and thirteen shillings, on the 12th day of June, next following the date of the…
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This was a writ of error to the Common Pleas of Northampton County. It was an action of debt brought by Young, the defendant in error, against the plaintiffs in error, administrators of John Kemmerer, on a bill obligatory, executed by Jacob Shook and John Kemmerer, the intestate of the plaintiffs in error, by which they bound themselves to pay to Young, two hundred and thirty two pounds and thirteen shillings, on the 12th day of June, next following the date of the instrument. The defendant pleaded payment with leave, &c. and afterwards added a special plea of submission and award, to which…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
By the act of the 21st of March, 1806, sec. 6, “ the defendant may alter his plea or defence on or before the trial of the cause.” As this cause was open for trial when the additional plea was filed, it fell within the words of the act of assembly. The court below supposed they were restricted by the former judgment of this court, reversing the first judgment, and remanding the cause, with *178nstructions to proceed to the trial of the issue in fact. The judgment of this court did not divest any right the parties might otherwise possess after…
2Cases cited2 opinions
- Spackman v. ByersSupreme Court of Pennsylvania · 1821
- Young v. ShookSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Livingston v. School BoardSuperior Court of Pennsylvania · 1900
- Butters v. Social Security Administration, CommissionerDistrict Court, N.D. Alabama · 2019