Kline v. Wood
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the city and county of Philadelphia. _ . _ Samuel R. Wood, the plaintiff below, brought this action against John Kline, the defendant below, in assumpsit .on the warranty of the soundness of a horse.
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IN ERROR. Error to the District Court for the city and county of Philadelphia. _ . _ Samuel R. Wood, the plaintiff below, brought this action against John Kline, the defendant below, in assumpsit .on the warranty of the soundness of a horse. The declaration stated in the first count, that on, &c. at, &c. in consideration that the said Samuel, at the special instance and request of the said John, would buy of him a certain horse, at and for a certain price or sum of money, to wit, the price of 80 dollars, to be therefor paid by the said Samuel, he the said John undertook, and then and there…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The question raised respects the jurisdiction of the District Court of the city and county of Philadelphia; and where a court so highly respectable, and so deserving of all respect, have asserted and deliberately exercised a jurisdiction, their judgment is to be very fully considered by a court of supervision ; and before they reverse it, they should feel a perfect conviction of the error.
It is not the case of a new .jurisdiction, proceeding in a way unknown to the common law, but a common law tribunal, proceeding according to the common law,…
2Cases cited4 opinions
- Wilson v. DanielSupreme Court of the United States · 1798
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
- Burginhofen v. MartinSupreme Court of Pennsylvania · 1803
- Sneively v. WeidmanSupreme Court of Pennsylvania · 1815
3Cited by3 opinions
- Burr v. BayneSupreme Court of Pennsylvania · 1840
- Dick v. GaskillSupreme Court of Pennsylvania · 1837
- Coates v. Cork, Pennsylvania Court of Common Pleas, Philadelphia County1836