Legal Opinion

Stansbury v. Bertron

Supreme Court of Pennsylvania

Decided July 15, 1844PublishedCited by 10 opinions

ERROR to the Common Pleas of Wyoming county. Moses Bertron against Washington Stansbury. This was an action of debt to recover the penalty of £50 imposed by the Act of 14th February 1729-30 upon justices of the peace for marrying minors without the consent of their parents.

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ERROR to the Common Pleas of Wyoming county. Moses Bertron against Washington Stansbury. This was an action of debt to recover the penalty of £50 imposed by the Act of 14th February 1729-30 upon justices of the peace for marrying minors without the consent of their parents. The plaintiff offered in evidence the following notice, which was served upon the justice: “ Luzerne—Sir—Take notice, that if you do not tender sufficient amends within thirty days from the date hereof, I will bring my action against you in the Court of Common Pleas of Luzerne county to recover £50 in the following case,…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

A statute which founds an action is to be strictly pursued. The notice to tender amends, which is the first step in a case like the present, is in the nature of a declaration, pointing out, with sufficient precision to preclude mistake, the nature and circumstances of the injury to be redressed. Without the technical formality of a declaration, it should have all the substance. Such is the result of the cases quoted in the argument. What, then, is the rule in pleading ? A circumstance unnecessarily set out must be proved as matter of…

2Cited by10 opinions

  1. Everett v. SherfeySupreme Court of Iowa · 1855
  2. McCarthy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889
  3. Barnett v. CainSuperior Court of Pennsylvania · 1912
  4. Election CasesSupreme Court of Pennsylvania · 1870
  5. Frahley v. Miller, Pennsylvania Court of Common Pleas, Lehigh County1922

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