Smith v. Hood & Co.
Supreme Court of Pennsylvania
Error'to the Common Pleas of Greene county. Martin Smith, on the 6th day of May, 1854, gave his single bill to Hood & Co., for the sum of $1890.44, with power of attorney to confess judgment. On the 24th day of May, 1854, this single bill and warrant of attorney was handed to the prothonotary of Greene county, to be entered as a judgment, who by mistake entered it for the sum of thirteen hundred dollars and forty-four cents.
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Error'to the Common Pleas of Greene county. Martin Smith, on the 6th day of May, 1854, gave his single bill to Hood & Co., for the sum of $1890.44, with power of attorney to confess judgment. On the 24th day of May, 1854, this single bill and warrant of attorney was handed to the prothonotary of Greene county, to be entered as a judgment, who by mistake entered it for the sum of thirteen hundred dollars and forty-four cents. On the 30th of June, 1854, the plaintiffs’ attorney directed a credit of $509.46, to be entered as of the 13th of June, 1854; and on the same day issued a fieri facias,…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
Where there is anything on the record, or filed with it as a part of the proceedings in the cause, to justify an amendment, it may be made, even after error brought. The record, if brought up on error, will be remitted to the Court below for the purpose. A venditioni exponas may be amended by the precipe, by inserting the name of one of the defendants, even after the writ is executed by a sale of the land of the defendants, and after ejectment brought by the purchaser on the sheriff’s deed: Sickler v. Overton, 3 Barr 325. So the omission of…
2Cases cited2 opinions
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841
- Zimmerman v. BriggansSupreme Court of Pennsylvania · 1836
3Cited by8 opinions
- Commonwealth v. ColeSupreme Court of Pennsylvania · 1970
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Commonwealth v. BartolomucciSupreme Court of Pennsylvania · 1976
- West Penn Sand & Gravel Co. v. Shippingport Sand Co.Supreme Court of Pennsylvania · 1951
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
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