Barker v. McCreary
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 117, to October and November Term 1870. This was an action commenced before a justice of the peace by K. O. Barker against John C. McCreary, in which judgment was rendered for the plaintiff November 8th 1867 for $46.62. The plaintiff appealed to the Court of Common Pleas: he there filed a declaration in assumpsit; and on the 18th of July, entered a rule to plead on or before the third day of the next term.
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Error to the Court of Common Pleas of Erie county: No. 117, to October and November Term 1870. This was an action commenced before a justice of the peace by K. O. Barker against John C. McCreary, in which judgment was rendered for the plaintiff November 8th 1867 for $46.62. The plaintiff appealed to the Court of Common Pleas: he there filed a declaration in assumpsit; and on the 18th of July, entered a rule to plead on or before the third day of the next term. No plea was entered. The parties went on trial September 2d 1869, when the verdict was for the plaintiff for $50.. On the 4th of…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Agnew, J.
— The plaintiff in this case has no right to complain of a trial without a plea. He had a rule on the defendant to plead or judgment, and might have enforced it. This court will not reverse a judgment for want of a plea or a declaration after a trial on the merits: Sauerman v. Weckerly, 17 S. & B.. 116 ; Glenn v. Copeland, 2 W. & S. 261; Bratton v. Mitchell, 5 Watts 69; Long v. Long, 4 Barr 29; Ins. Co. v. Seitz, 4 W. & S. 273.
The 2d and 3d assignments of error are more substantial. It may be the jury allowed interest on the…
2Cases cited3 opinions
- Bratton v. MitchellSupreme Court of Pennsylvania · 1836
- Glenn v. CopelandSupreme Court of Pennsylvania · 1841
- Insurance Co. v. SeitzSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Gorman v. BiglerSuperior Court of Pennsylvania · 1898
- Noble v. ErwinSuperior Court of Pennsylvania · 1912
- Thompson v. McClearySupreme Court of Pennsylvania · 1893
- Wheeler v. PotterSuperior Court of Pennsylvania · 1900