Legal Opinion

Roud v. Griffith

Supreme Court of Pennsylvania

Decided May 24, 1824PublishedCited by 2 opinions

IN ERROR. Error to the Court of Common Pleas of Lancaster county, in an action brought by Thomas Griffith against Philip Roud, before a justice of the peace, who gave judgment for the plaintiff, for 94 dollars and 81£ cents, and costs, on the 2d Jlpril, 1817. The defendant appealed to the Court of Common Pleas, where the cause was tried, and the plaintiff obtained a verdict and judgment for 53 dollars, with cdsts.

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IN ERROR. Error to the Court of Common Pleas of Lancaster county, in an action brought by Thomas Griffith against Philip Roud, before a justice of the peace, who gave judgment for the plaintiff, for 94 dollars and 81£ cents, and costs, on the 2d Jlpril, 1817. The defendant appealed to the Court of Common Pleas, where the cause was tried, and the plaintiff obtained a verdict and judgment for 53 dollars, with cdsts. In the Common Pleas, the plaintiff filed a statement of his cause of action, in which he claimed the sum of 96 dollars and 82 cents, “ for advice, assistance, medicine, and…

1Per curiam

One of the errors assigned in this case is, that the cause of action in which the plaintiff recovered, is subsequent to the time when he commenced his suit before the justice. I know not how this exception is to be answered. It appears by the plaintiff’s own showing, that when he commenced his action, the services for which he recovered in the Common Pleas, had not been performed. It is said by the plaintiff, that in contracts of this kind, the day laid in the declaration is not material. And that is true, provided it be laid, before the commencement of the action.. But if after, it is very…

2Cases cited3 opinions

  1. Miller v. RalstonSupreme Court of Pennsylvania · 1815
  2. M'Laughlin v. ParkerSupreme Court of Pennsylvania · 1817
  3. Stewart v. M'BrideSupreme Court of Pennsylvania · 1814

3Cited by2 opinions

  1. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
  2. Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016

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