Cabarga v. Seeger
Supreme Court of Pennsylvania
This case came up from the Nisi Prius. It was an action brought to July Term, 1847, by Jose Cabarga v. C. E. Seeger and Henry Tilge, executors of the will of Charles Meyer, deceased. The original declaration contained the common money counts, viz., counts for money “lent and advanced,” “paid, laid out and expended” for defendant’s use; also a count for “money had and received,” and a count- on an account stated.
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This case came up from the Nisi Prius. It was an action brought to July Term, 1847, by Jose Cabarga v. C. E. Seeger and Henry Tilge, executors of the will of Charles Meyer, deceased. The original declaration contained the common money counts, viz., counts for money “lent and advanced,” “paid, laid out and expended” for defendant’s use; also a count for “money had and received,” and a count- on an account stated. Before pleading, defendants entered a rule calling on plaintiff to furnish a bill of particulars, which was answered by furnishing what purported to be a copy of the Dr. side of an…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
We cannot recede and go backwards upon the subject of amendments under our statute. Those amendments are an amelioration of the rigid technical forms of pleading, demanded as well by the more liberal tone and manner of business in modern times, as by good sense and the general advancement of principle and justice over form and technicality. The real cause of action in this ease, from beginning to the end, was identical and the same. That is, whether the executors of Meyer were liable to pay to Cabarga the amount due on the note made by…
2Cited by3 opinions
- Berkley v. MaurerSupreme Court of Pennsylvania · 1907
- Breintall's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Somers v. Hildenbrand, Pennsylvania Court of Common Pleas, Philadelphia County1937