Ebersoll v. Krug
Supreme Court of Pennsylvania
IN ERROR. LAIRD on behalf of the defendants in error, court to award a venire facias de novo. moved the The action was brought in the Common Pleas of Dau- ° . phin by Krug and wife, who in the same declaration joined slander of the wife with slander of the husband. The cause was then arbitrated; and after an award of twenty dollars, and judgment for the plaintiffs, the defendant below brought this writ of error.
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IN ERROR. LAIRD on behalf of the defendants in error, court to award a venire facias de novo. moved the The action was brought in the Common Pleas of Dau- ° . phin by Krug and wife, who in the same declaration joined slander of the wife with slander of the husband. The cause was then arbitrated; and after an award of twenty dollars, and judgment for the plaintiffs, the defendant below brought this writ of error. The court reversed the judgment for the defect in the declaration, and upon this the present Was made. Laird argued that this case was within the rule of Shaeffer v. Kintzer (a), and…
1Opinion of the Court
Tilghman C. J.
The court having given their opinion in this case in favor of the plaintiff in error, a motion, has been made on the part of the defendants in error for a venire facias de novo. Considering that there never was a trial by jury, the cause having been decided by arbitrators, it is not in the power of this court to award a venire de novo. Under the circumstances of the case, such an order would be an absurdity. Whether we might not send it back in some shape, to receive another hearing, it is unnecessary at present to consider, because I am of opinion, that if the cause had been…
2Cited by13 opinions
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875
- Meason v. KaineSupreme Court of Pennsylvania · 1871
- Shock v. M'ChesneySupreme Court of Pennsylvania · 1808
- Tiernan v. WoodruffU.S. Circuit Court for the District of Michigan · 1850
- Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
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