Legal Opinion

Kelly v. Eichman

Supreme Court of Pennsylvania

Decided April 2, 1840PublishedCited by 3 opinions

IK ERROR. Error to the Common Pleas of Northampton County. In 1836, George Kelly brought an action before a justice of the peace of Northampton county, against William Eichman and Christopher Midler, to recover a balance of money alleged to-be due by the defendants for work done to a certain building.

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IK ERROR. Error to the Common Pleas of Northampton County. In 1836, George Kelly brought an action before a justice of the peace of Northampton county, against William Eichman and Christopher Midler, to recover a balance of money alleged to-be due by the defendants for work done to a certain building. The plaintiff offered one John Boyle as a witness in support of his claim, who was objected to on the part of the defendants, and rejected by the justice ; who gave judgment against the plaintiff, on the ground that the original contract was entered into by the plaintiff and Boyle as partners,…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

When this case was formerly reviewed, (3 Wharton, 419,), it was ruled that the defendants were estopped from averring that this was a joint contract, in consequence of a former proceeding and judgment before a justice of the peace. A suit had been brought in the name of Kelly alone; and on the defence that the contract was made with Kelly and Boyle, the justice gave judgment for the defendants. If the plaintiff was aggrieved, his remedy was by appeal; but instead of resorting to this obvious course, he acquiesced in the correctness of the…

2Cases cited2 opinions

  1. Kelly v. EichmanSupreme Court of Pennsylvania · 1838
  2. Fetterman ex rel. Fetterman v. Plummer's AdministratorSupreme Court of Pennsylvania · 1822

3Cited by3 opinions

  1. Kelly v. EichmanSupreme Court of Pennsylvania · 1838
  2. Graves v. GriffinSupreme Court of Pennsylvania · 1852
  3. Search's AppealSupreme Court of Pennsylvania · 1850

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