Getty v. Shearer
Supreme Court of Pennsylvania
Error, to tbe Common Pleas of Indiana county. This was an action of debt by Matthew Shearer for the use of Catharine McKee v. Getty & Thompson. Before entering a rule to arbitrate, a narr. was filed stating the action to be founded on a writing obligatory, under seal, dated 16th May, 1848, for the payment of $458 in money. Arbitrators were chosen, and they awarded no cause of action. January 1, 1850, the plaintiff appealed.
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Error, to tbe Common Pleas of Indiana county. This was an action of debt by Matthew Shearer for the use of Catharine McKee v. Getty & Thompson. Before entering a rule to arbitrate, a narr. was filed stating the action to be founded on a writing obligatory, under seal, dated 16th May, 1848, for the payment of $458 in money. Arbitrators were chosen, and they awarded no cause of action. January 1, 1850, the plaintiff appealed. On 11th November, 1850, an amended narr. was filed by leave of Court, objection being made on part of defendant. In the amended narr. the cause of action was stated to be…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
In this case there are three assignments of error. The first relates to the amendment allowed after a trial before arbitrators.
Where a defendant appeals from an award, the plaintiff is not allowed to amend his declaration so as to introduce a new and distinct cause of action, and thus affect the question of costs and the extent of the bail’s liability: 5 W. & Ser. 33; 4 Barr 197; 2 Barr 447. But where the plaintiff appeals, this reason does not exist in the same force, and accordingly it has been determined that, where a plaintiff is the…
2Cases cited1 opinion
- President of the Bank of the United States v. RusselSupreme Court of Pennsylvania · 1802
3Cited by1 opinion
- Merchants National Bank v. Baltimore, Chesapeake & Richmond Steamboat Co.Court of Appeals of Maryland · 1906