Legal Opinion

Caldwell v. Thompson

Supreme Court of Pennsylvania

Decided June 3, 1829PublishedCited by 11 opinions

Error to the Court of Common Pleas of Lancaster county. The plaintiff in error was plaintiff below. The cause came into the Court of Common Pleas on an appeal by the defendant from the judgment of a justice; and the declaration was for goods, chattels, and merchandise, sold and delivered.

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Error to the Court of Common Pleas of Lancaster county. The plaintiff in error was plaintiff below. The cause came into the Court of Common Pleas on an appeal by the defendant from the judgment of a justice; and the declaration was for goods, chattels, and merchandise, sold and delivered. The allegations of error, material to be stated, were, 1st, That when the plaintiff offered, to .prove, by John Evans, “ That on the 8th of June, 1807, in pursuance of an order from James Caldwell, he delivered to Robert Thompson, the defendant’s testator, three hundred bushels of wheat that was stored in…

1Opinion of the Court

The opinion of the court was delivered by

Top, J.

One rule to be deduced from the'cases'unqu.estionably is, that on appeal, though the form of the suit may be sometimes changed, yet the substance of the plaintiff’s demand, the cause of action, must be in court identically the same as before the justice. From the decisions, another rule seems equally clear, that the mistakes, the slips of the pen of a, justice of the peace, may be, and ought to be corrected. But here, all mistake was denied.. It was insisted, there was nothing wrong, except in the docket offered; and, upon this head, divers…

2Cited by11 opinions

  1. Maley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
  2. Justice v. MeekerSuperior Court of Pennsylvania · 1906
  3. Schneider v. BatesSuperior Court of Pennsylvania · 1912
  4. Lyon v. ChalkerSupreme Court of Pennsylvania · 1833
  5. Eyster v. RinemanSupreme Court of Pennsylvania · 1849

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