Ingham v. Tracy
Supreme Court of Pennsylvania
ERROR to the commom pleas of Bradford county. Joseph Ingham and David Ingham against George Tracy; scire facias sur recognizance, in which the following case was stated for the opinion of the court. On the 28th of June 1834, the present plaintiffs commenced a suit before E. Mason, Esq., against Jacob Wilden and Lewis C. Leishey, and on the 4th July following obtained a judgment against them for 77 dollars and 35 cents.
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ERROR to the commom pleas of Bradford county. Joseph Ingham and David Ingham against George Tracy; scire facias sur recognizance, in which the following case was stated for the opinion of the court. On the 28th of June 1834, the present plaintiffs commenced a suit before E. Mason, Esq., against Jacob Wilden and Lewis C. Leishey, and on the 4th July following obtained a judgment against them for 77 dollars and 35 cents. On the 25th of July 1834, the defendants appealed, and the magistrate made the following entry on his docket: “Defendant appeals. July 25th, 1834, George Tracy, bound in the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The frequency of injustice from blunders in these recognizances, makes it imperatively necessary to relax the rigour of our construction of them. .It is known that our judicial records are never formally made up, and that the dockets contain but minutes, from which, however, a complete record might, in the earlier periods of our judicial history, have been formed. So far no inconvenience was felt from what was, at the time, but a wholesome departure from the extreme precision of common law precedents. The prothonotaries and clerks, holding…
2Cases cited3 opinions
- Bolton v. RobinsonSupreme Court of Pennsylvania · 1825
- King v. CulbertsonSupreme Court of Pennsylvania · 1823
- Donaldson v. CunninghamSupreme Court of Pennsylvania · 1825
3Cited by4 opinions
- Frost v. RoatchSupreme Court of Pennsylvania · 1841
- Winchester v. RichSuperior Court of Pennsylvania · 1909
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
- Murray v. HaslettSupreme Court of Pennsylvania · 1852