Waite v. Palmer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of January Term 1875, No. 350. This action was originally brought before a justice of the peace by H. B. Waite against II. H. Palmer, and removed into the Court of Common Pleas by appeal entered September 2d 1872. The justice’s transcript did not appear on the paper-book. On the 28th of April 1873, the declaration was filed.
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Error to the Court of Common Pleas of Warren county: Of January Term 1875, No. 350. This action was originally brought before a justice of the peace by H. B. Waite against II. H. Palmer, and removed into the Court of Common Pleas by appeal entered September 2d 1872. The justice’s transcript did not appear on the paper-book. On the 28th of April 1873, the declaration was filed. The declaration was “ H. H. Palmer, &c., was summoned to answer H. B. Waite of a plea that he render unto him $60. * * * And .thereupon the said II. B. Waite saith that whereas the aforesaid H. H. Palmer, on the 27th…
1Opinion of the Court
Judgment was entered in the Supreme Court, April 1st 1875,
2Per curiam
As the declaration stood at the time of the trial, there was a technical variance between it and the note offered in evidence, the date in the former being laid as in 1873, and in the latter being 1871. Hence the exception was good. But the declaration was amendable, and the means of amendment appeared in the record as set forth in the transcript from the justice. The true date is set forth in his transcript, showing that the note was the same exhibited to the justice and the cause of action therefore the same. The plaintiff below,…
3Cases cited1 opinion
- Wampler v. ShisslerSupreme Court of Pennsylvania · 1841
4Cited by5 opinions
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- Scranton Coal Co. v. ScrantonSupreme Court of Pennsylvania · 1934