Owen v. Simpson
Supreme Court of Pennsylvania
ERROR to the common pleas of Butler county. Michael Owen and James Parker, the plaintiffs in error, were plaintiffs below, and brought this action of ejectment against William Simpson, the defendant in error, to recover a tract of land containing two hundred acres.
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ERROR to the common pleas of Butler county. Michael Owen and James Parker, the plaintiffs in error, were plaintiffs below, and brought this action of ejectment against William Simpson, the defendant in error, to recover a tract of land containing two hundred acres. The following was the case stated for the opinion of the court below: W. W. Fetterman obtained a judgment, No. 47 of July term 1826, in the common pleas of Butler county, against William Simpson and Thomas Simpson, for 35 dollars, with costs amounting to 14 dollars and 4¿ cents, entered from the 1st of April 1826. On the 4th of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Not only has every court the power, but it is its duty to amend a clerical error which stands in the way of justice ; and here it is evident the defect in the process was produced by the blunder of the prothonotary. But there is one consideration which entitles the purchaser,'in a case like this, to peculiar favour. It is the course of most of our offices not to issue the writ the moment a precipe comes in; and though not expressly a part of the case, it is not too much to presume that in preparing a number of executions to be delivered to…
2Cases cited2 opinions
- Mayor v. MasonSupreme Court of the United States · 1803
- Peddle v. HollinsheadSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- De Haas v. BunnSupreme Court of Pennsylvania · 1845
- Dalzell v. Crawford, Pennsylvania Court of Common Pleas, Philadelphia County1842
- Cromwell v. Bank of PittsburgU.S. Circuit Court for the District of Western Pennsylvania · 1853