Spencer v. Clinefelter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October Term 1882, No. 120. Case, by Milo Clinefelter against Edward Spencer to recover damages for an alleged excessive distress.
Read the full summary
Error to the Court of Common Pleas of Venango county: Of October Term 1882, No. 120. Case, by Milo Clinefelter against Edward Spencer to recover damages for an alleged excessive distress. The parties waived a trial by jury and submitted the case to the court, Taylor, P. J., under the provisions of the Act of 1874. The court found the facts to be as follows: — In the year 1872, Edivard Spencer, the defendant, leased to Milo Clinefelter, the plaintiff, a lot of ground in Oil city for five years, at an annual rent of §50 per annum. By the terms of the lease Clinefelter was authorized to erect a…
1Opinion of the CourtJustice Sterrett
*223In view of the evidence, the learned judge was clearly right in holding that there could be no recovery under the declaration as originally filed; and we are not prepared to say that, under the circumstances, there was any error in permitting plaintiff to amend, by adding a count charging defendant with having distrained for more rent than was dne. The right of amendment was neither waived nor abridged by the agreement to dispense with trial by jury and submit, the decision of the case to the court, under the provisions of the Act of 1874. By allowing the amendment the plaintiff below was…
2Cited by5 opinions
- Bentz v. BarclaySupreme Court of Pennsylvania · 1928
- Bisk Candy Co. v. StoutSupreme Court of Pennsylvania · 1927
- Thomas v. GibbonsSuperior Court of Pennsylvania · 1902
- Ford Chain Block & Manufacturing Co. v. Hess's EstateSuperior Court of Pennsylvania · 1914
- Lanier v. White, Pennsylvania Court of Common Pleas, Washington County1936