Wampler v. Shissler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. This was an action of debt brought in the name of the commonwealth by William Shissler and his wife, administratrix of William Warner, deceased, against David Shultz, administrator of John Wampler deceased, upon a recognizance entered into in the Orphans’ Court of York county, by John Wampler as a surety with Michael Bablitz, for Charles Warner, who, as the eldest son and heir at law of his father, Charles Warner, then deceased, had…
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ERROR to the Common Pleas of York county. This was an action of debt brought in the name of the commonwealth by William Shissler and his wife, administratrix of William Warner, deceased, against David Shultz, administrator of John Wampler deceased, upon a recognizance entered into in the Orphans’ Court of York county, by John Wampler as a surety with Michael Bablitz, for Charles Warner, who, as the eldest son and heir at law of his father, Charles Warner, then deceased, had taken the real estate of his father at a valuation made under a writ of partition and valuation. The recognizance was…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
If the pleas offered by the plaintiff in error, and rejected by the court below, could not have availed him, it will be unnecessary to inquire whether the court ought to have permitted him to add them to his other pleas. For it is a rule that a party can not assign any thing for error unless he may possibly have been prejudiced by it. And as it will be shown in the examination of the second error assigned, that the recognizance, on which this action is founded, must be considered the several recognizance of John Wampler, since deceased, it…
2Cases cited8 opinions
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
- Kean v. FranklinSupreme Court of Pennsylvania · 1819
- Burrows v. HeyshamSupreme Court of the United States · 1785
- Furry v. StoneSupreme Court of Pennsylvania · 1792
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- New York & Pennsylvania Co. v. New York Central R. R.Supreme Court of Pennsylvania · 1920
- Yadusky v. ShugarsSupreme Court of Pennsylvania · 1930
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
- Braker v. DeuserSuperior Court of Pennsylvania · 1912
- Executors of Shoenberger v. HackmanSupreme Court of Pennsylvania · 1860
7 more not listed; retrieve them via the Exa API.