Sharpe v. Thatcher
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a certiorari to remove the judgment given in this case by Justice Wharton. On a motion made by Serjeant to reverse the judgment, it appeared that thatcher, the present defendant, had originally sued Sharpe, the plaintiff, before Justice Coates, to recover a debt; that Sharpe offered to make a set off, for water-money, that is, a charge for Thatcher’s drawing water at his pump; but that Justice Coates refused to admit it, and gave judgment for the debt demanded.
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THIS was a certiorari to remove the judgment given in this case by Justice Wharton. On a motion made by Serjeant to reverse the judgment, it appeared that thatcher, the present defendant, had originally sued Sharpe, the plaintiff, before Justice Coates, to recover a debt; that Sharpe offered to make a set off, for water-money, that is, a charge for Thatcher’s drawing water at his pump; but that Justice Coates refused to admit it, and gave judgment for the debt demanded. That, thereupon, Sharpe sued Thatcher before Justice Wharton; and his son was sworn, as a witness, to prove an agreement…
1Opinion of the Court
The Court,
in terms of great disapprobation, declared that no Justice ought to take cognizance of a cause, which had previously been decided by another Justice. But without taking that point into consideration, they said a judgment given, merely on the attestation of the party interested, could not be sustained.
Judgment reversed.
2Cited by1 opinion
- Sharpe v. ThatcherSupreme Court of the United States · 1790