Legal Opinion

Caldwell v. Remington

Supreme Court of Pennsylvania

Decided January 21, 1837PublishedCited by 5 opinions

On a writ of error to the District Court for the City and County of Philadelphia, the case was as follows:— Charles Remington and James Remington, trading,under the firm of C. & J. Remington, brought an action on the case against Andrew D. Caldwell, to March Term, 1834, of that court.

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On a writ of error to the District Court for the City and County of Philadelphia, the case was as follows:— Charles Remington and James Remington, trading,under the firm of C. & J. Remington, brought an action on the case against Andrew D. Caldwell, to March Term, 1834, of that court. On the 10th of July, 1834, they filed a declaration in indebitatus assumpsit, containing the common money counts, and on an account stated; to which the defendant pleaded non assumpsit, and payment; with leave, &c. On the 17th of January, 183.5, the plaintiffs, by leave of the court, filed four new counts, as…

1Opinion of the Court

The opinion of the court was delivered by

Rogers J.

Great liberality has been manifested by the courts of this state in allowing amendments before trial, when it appears that such indulgence may contribute to promote substantial justice. Formerly, suitors were much perplexed by writs of error, brought upon very slight and trivial grounds, as misspelling, or other .mistakes, all which might be amended at common law, while all the proceedings were in paper, for they were then considered as only in fieri, and therefore subject to the control of the courts. But when once the record was made up, it…

2Cases cited3 opinions

  1. Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
  2. Burk v. HuberSupreme Court of Pennsylvania · 1834
  3. Cunningham v. DaySupreme Court of Pennsylvania · 1815

3Cited by5 opinions

  1. Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
  2. Schoneman v. FegleySupreme Court of Pennsylvania · 1848
  3. United States v. GilsonIdaho Supreme Court · 1871
  4. Bogart v. M'DonaldNew York Supreme Court · 1801
  5. Stewart v. KellySupreme Court of Pennsylvania · 1851

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