Legal Opinion

Eichelberger v. Smyser

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 2 opinions

ERROR to the common pleas of York county. ■ George Eichelberger against Jacob Smyser. This was an action of debt, in which the plaintiff declared as follows: “ The plaintiff complains against the defendant of a plea that he render him eight hundred and fifty dollars and ninety-six cents, Avhich to him he owes and unjustly detains.

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ERROR to the common pleas of York county. ■ George Eichelberger against Jacob Smyser. This was an action of debt, in which the plaintiff declared as follows: “ The plaintiff complains against the defendant of a plea that he render him eight hundred and fifty dollars and ninety-six cents, Avhich to him he owes and unjustly detains. For that heretofore, to wit, in the term of June, in the year 1835, in the Supreme Court of the commonwealth of Pennsylvania, by the consideration of said court, the plaintiff recovered against the defendant the aforesaid sum of money as by the record of said court,…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This is an action of debt, in which the plaintiff declares for the sum of eight hundred and fifty dollars and ninety-six cents. For that in the supreme court, &c. by the consideration of the said court, the plaintiff recovered against the defendant the sum of eight hundred and fifty dollars and ninety-six cents, &c.

The defendant pleads nul tiel record, nil debet and payment, and, on the trial, the plaintiff recovered nine hundred and sixty-nine dollars and two cents.

The defendant moved the court for a new trial, and on the 7th of May 1839,…

2Cases cited2 opinions

  1. Ramsey's AppealSupreme Court of Pennsylvania · 1835
  2. Crowell's AppealSupreme Court of Pennsylvania · 1834

3Cited by2 opinions

  1. Bernhardt v. TaylorSupreme Court of Pennsylvania · 1909
  2. Durgin v. LeightonMassachusetts Supreme Judicial Court · 1813

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