Legal Opinion

Coffman v. Hampton

Supreme Court of Pennsylvania

Decided December 15, 1841PublishedCited by 15 opinions

ERROR to the Common Pleas of Chester county. This suit was originally brought by John Hampton (constable) against Dr. Isaac Z. Coffman, in January 1840, before a justice of the peace, “ for $2.23, for a deficiency on a sale for account of a former purchaser,” as the cause of action was stated on the docket of the justice.

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ERROR to the Common Pleas of Chester county. This suit was originally brought by John Hampton (constable) against Dr. Isaac Z. Coffman, in January 1840, before a justice of the peace, “ for $2.23, for a deficiency on a sale for account of a former purchaser,” as the cause of action was stated on the docket of the justice. On the hearing, the defendant exhibited a claim of set-off to the amount of $47.50, which was disallowed by the justice, who gave judgment for the plaintiff for $3.76|-. The defendant demanded an appeal, and tendered bail. The justice refused it. On the 11th of February…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

1st and 2d errors. The court, we think, were _ right in rejecting the parol evidence of the justice to prove what the plaintiff’s cause of action was before him. The docket of the proceedings before the justice showed explicitly that the action was brought to recover a deficiency in a sale for account of a former purchaser. This was the best evidence; and parol evidence was not admissible to contradict or vary it. So also the court was right in refusing the evidence of the justice to show whether his docket set forth precisely the cause of…

2Cases cited2 opinions

  1. Irwin v. WorkmanSupreme Court of Pennsylvania · 1834
  2. Miles v. RichwineSupreme Court of Pennsylvania · 1828

3Cited by15 opinions

  1. Holly v. TravisSupreme Court of Pennsylvania · 1920
  2. Clark v. M'CommanSupreme Court of Pennsylvania · 1844
  3. Ex parte DavisSupreme Court of Alabama · 1891
  4. Zimmerman v. HoughwotSuperior Court of Pennsylvania · 1936
  5. Allen Hall v. RobertsSuperior Court of Pennsylvania · 1925

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