Sauerman v. Weckerly
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of . the county of Philadelphia. ' < > The plaintiff below and defendant in error, Conrad Weckerly, declared against the deferidant below and. plaintiff in error, Yerkes Sauerman, for that whereas the said Yerkes Sauerman, on. the day of in the year one thousand eight, hundred and at the county aforesaid, was indebted unto the said Conrad Weckérly m the,sum of one hundred dollars, lawful money of the United States, for so…
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IN ERROR. Writ of error to the Court of Common Pleas of . the county of Philadelphia. ' < > The plaintiff below and defendant in error, Conrad Weckerly, declared against the deferidant below and. plaintiff in error, Yerkes Sauerman, for that whereas the said Yerkes Sauerman, on. the day of in the year one thousand eight, hundred and at the county aforesaid, was indebted unto the said Conrad Weckérly m the,sum of one hundred dollars, lawful money of the United States, for so much money by him the said Yerkes before that time had and received to the use of the said' Conrad; and, being so…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J .
Precedents are the highest evidence of the law, and are to be followed implicitly where they do not produce actual injustice or some intolerable mischief. But nothing is stronger than the injustice of suffering a party who has gone to trial without plea or issue, or on a declaration in which there are blank spaces for dates or sums, to elude the consequences. An omission to compel the opposite party to perfect the pleadings beforehand, ought to be considered, what it is in justice and truth, a tacit agreement to waive matters of form, and…
2Cases cited1 opinion
- Carl v. CommonweathSupreme Court of Pennsylvania · 1822
3Cited by7 opinions
- Donahue v. DoughertySupreme Court of Pennsylvania · 1835
- Bratton v. MitchellSupreme Court of Pennsylvania · 1836
- Collum v. AndrewsSupreme Court of Pennsylvania · 1837
- Hall & M'Kelvey v. LawSupreme Court of Pennsylvania · 1841
- Glenn v. CopelandSupreme Court of Pennsylvania · 1841
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