Day v. Sharp
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Wayne County, to remove the record of an action of trespass de bonis asportatis, brought by John Sharp against Wareham Day. The plea, was “ not guilty,” “ with leave to justify.” On the trial before Scott, President, on the 22d of August, 1837, the plaintiff proved the taking of the goods.
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IN ERROR. Error to the Court of Common Pleas of Wayne County, to remove the record of an action of trespass de bonis asportatis, brought by John Sharp against Wareham Day. The plea, was “ not guilty,” “ with leave to justify.” On the trial before Scott, President, on the 22d of August, 1837, the plaintiff proved the taking of the goods. The defendant then gave in evidence, a transcript from the docket of a justice of the peace, of an action by Myron Gaylord, against John Sharp, Ware-ham Day and Charles Stanton, on a promissory note, dated December 1st, 1826, drawn by the defendants, in favour…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J. —
In this case, the Court below fell into the error, which was censured by this Court in Fisher v. Kean, (1 Watts, 278,) and has been repeatedly the cause of the reversal of judgments. The defendant-after proving a judgment before a magistrate against the plaintiff, and several successive executions thereon, offered in evidence a second pluries execution on the same judgment. The plaintiff objected to it, and offered evidence to prove the death of the plaintiff in the execution, which the Court permitted, notwithstanding, the defendant’s…
2Cases cited5 opinions
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Speer v. SampleSupreme Court of Pennsylvania · 1835
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Allison v. RheamSupreme Court of Pennsylvania · 1817
- Berry v. HamillSupreme Court of Pennsylvania · 1824
3Cited by6 opinions
- Webb v. MallardTexas Supreme Court · 1863
- Stewart v. NuckolsSupreme Court of Alabama · 1849
- Cogburn v. Spence & ElliottSupreme Court of Alabama · 1849
- Lloyd v. BarrSupreme Court of Pennsylvania · 1849
- New Orleans, Jackson, & Great Northern Railroad v. RollinsMississippi Supreme Court · 1858
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