Gue v. Kline & Reifsnyder
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action brought originally before a justice of the peace, by Moses Reifsnyder, in his name alone, against Robert Gue. The case was referred, and the referees made an award, upon which judgment was entered, and from which the defendant appealed. A narr. was filed for money had and received, and defendant pleaded non assumpsit and payment.
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Error to the Common Pleas of Montgomery county. This was an action brought originally before a justice of the peace, by Moses Reifsnyder, in his name alone, against Robert Gue. The case was referred, and the referees made an award, upon which judgment was entered, and from which the defendant appealed. A narr. was filed for money had and received, and defendant pleaded non assumpsit and payment. The cause being at issue, the court after objection, permitted the plaintiff to amend his suit, by substituting as plaintiffs Jesse Kline and Moses Reifsnyder, late partners, to the use of Moses…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The amendment permitted by the court below, which is assigned as the first error, was right. All that is necessary in appeals from justices of the peace, when they come into court, is, that the same cause of action should be substantially preserved. It is the duty of the court to permit such amendment as will reach the substantial merits and justice of the case, as it existed before the magistrate. The 4th section of the act of 20th March, 1810, declares in the 2d proviso, that upon any such appeal from the decision of two justices of the…
2Cases cited1 opinion
- Lyon v. ChalkerSupreme Court of Pennsylvania · 1833