M'Cahan v. Hirst
Supreme Court of Pennsylvania
ERROR, to the common pleas of Huntingdon county. Andrew R. Hirst against John M’Caban. This cause originated before a justice of the peace, and was brought into the common pleas: by appeal. The plaintiff filed the following declaration : to which the defendant pleaded not guilty. John M’Cahan of said county, yeoman, was attached to answer Andrew H. Hirst of a plea of trespass on the case, &c.
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ERROR, to the common pleas of Huntingdon county. Andrew R. Hirst against John M’Caban. This cause originated before a justice of the peace, and was brought into the common pleas: by appeal. The plaintiff filed the following declaration : to which the defendant pleaded not guilty. John M’Cahan of said county, yeoman, was attached to answer Andrew H. Hirst of a plea of trespass on the case, &c. And whereupon the said Andrew H. Hirst by George Taylor his attorney, complains, for that whereas- heretofore, to wit, on the 25th day of March, A. D. 1835, at the borough of Huntingdon, in the said…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedv, J.
Although several matters have been assigned for error, we think there is not the least colour of ground for supporting any of them, except that which alleges a want of jurisdiction in the justice of the peace before whom the action was originally instituted.
But in the first place I would observe, in respect to the exception taken to the judgment, founded upon the allegation, that the evidence was not sufficient to support the count in the declaration for trover; and that, therefore, the verdict and judgment being given generally on all the…
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