Zieber v. Boos
Supreme Court of Pennsylvania
Debt 50/. Plea nil debit and issue. The declaration stated, that Jacob Zieber, junior, was the servant and apprentice of the plaintiff, to learn the trade of a hatter; and that the defendant being a clergyman joined him in marriage to Elizabeth Bickley, he being under the age of twenty-one years, without due publication of the banns, and without a certificate of the plaintiff’s consent, by which action had accrued to the plaintiff,* to demand and have of the defendant 50/.…
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Debt 50/. Plea nil debit and issue. The declaration stated, that Jacob Zieber, junior, was the servant and apprentice of the plaintiff, to learn the trade of a hatter; and that the defendant being a clergyman joined him in marriage to Elizabeth Bickley, he being under the age of twenty-one years, without due publication of the banns, and without a certificate of the plaintiff’s consent, by which action had accrued to the plaintiff,* to demand and have of the defendant 50/. It appeared in evidence, that Jacob Zeiber, sen., (the father of the minor ,)'had agreed, that his son should serve the…
1Per curiam
This is a mere abstract question of law. Our respect for the opinion of Judge Rush has strongly induced us to give this case a patient hearing ; but we are bound to follow the dictates of our own judgments.
One who sues for a penalty, must bring himself clearly within the words and spirit of the statute which creates it. The allégala and probata in such cases must strictly correspond. Was then Young Zieber the servant and apprentice of the plaintiff at the time of his marriage. His servant he could be, according to the common acceptation of the term, and the resolution of this court in bank,…
2Cited by1 opinion
- Altemus v. ElySupreme Court of Pennsylvania · 1832