Bechtol v. Cobaugh ex rel. Brown
Supreme Court of Pennsylvania
This was an appeal to the Court of Common Pleas of Dauphin county, from the judgment of a justice of the peace, in which the judgment of the Court of Common Pleas, entered on the award of arbitrators, was now brought up by writ of error, under the following circumstances.
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This was an appeal to the Court of Common Pleas of Dauphin county, from the judgment of a justice of the peace, in which the judgment of the Court of Common Pleas, entered on the award of arbitrators, was now brought up by writ of error, under the following circumstances. The suit was originally brought before a justice of the peace, by Ludwich Cobaugh, for the use of William Brown, against Samuel Bechtol, and was stated in the transcript returned by the justice, to be on a promissory note for 44 dollars, assigned to William Brown, due the 6th August, 1820. The justice gave judgment in favour…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
It is a plain principle, that on an appeal from the judgment of a justice of the peace, the plaintiff cannot introduce a new and different cause of action. Here it is alleged, that the declaration on the appeal is an action on a different instrument from that before the justice, being on a promissory note. In the Common Pleas, the action is founded on a single bill.
The misnomer of the instrument is very apparent. The date and the sums are the same. Now it is very improbable, that there should be two different instruments given on the same day…
2Cases cited1 opinion
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
3Cited by3 opinions
- Exparte HolmesSupreme Court of Vermont · 1840
- Commonwealth ex rel. Potter v. ReynoldsSupreme Court of Pennsylvania · 1828
- State v. BuzineNew York Court of General Session of the Peace · 1845