Hawk v. Geddis
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Common Pleas of Lebanon county, it appeared that this was an action of debt on two bonds, given by Adam, Hawk and Michael Hawk to Robert Geddis, Samuel Casper, and John Wolfersberger, administrators of John Casper, deceased, dated the 3d of April, 1810; the first conditioned for the payment of four hundred and seventy pounds, one shilling, and four pence, on the 1st of April, 1814; the other for the payment of a like sum on the…
Read the full summary
IN ERROR. On a writ of error to the Court of Common Pleas of Lebanon county, it appeared that this was an action of debt on two bonds, given by Adam, Hawk and Michael Hawk to Robert Geddis, Samuel Casper, and John Wolfersberger, administrators of John Casper, deceased, dated the 3d of April, 1810; the first conditioned for the payment of four hundred and seventy pounds, one shilling, and four pence, on the 1st of April, 1814; the other for the payment of a like sum on the 1st of April, 1815. The defendants in error, Robert Geddis and Samuel Casper, who survived John Wolfersberger, were…
1DissentRogers, J.
I shall offer no apology, for dissenting from the • ©pinion of the court in this case. Whenever a judgment, which, comes before us on error, can be supported without a violation of *31principle, it is my fixed determination to do so. I shall, in such cases, shut my eyes, as far as possible, to mere technical objections. I cannot consent to a reversal, for several reasons.
The judgment should, in my opinion, be affirmed, because the point which is now principally relied on, was never introduced to the attention of the court who tried the cause. This is apparent from the record, and was made still…
2Cases cited2 opinions
- Decamp v. FeaySupreme Court of Pennsylvania · 1819
- Lessee of Minsker v. MorrisonSupreme Court of Pennsylvania · 1798