Dickerson v. Anderson
Supreme Court of Pennsylvania
IN ERROR. Error, to the Common Pleas of Bucks County. The suit, which was trover for seven tons of coal, was originally instituted before a justice of the peace, by William Anderson against John Dickerson. Each party appeared by an .attorney. The plaintiff claimed to recover 135 the alleged value of the coal. The defendant made a tender of five dollars, and two dollars fifty-two cents, the amount of costs that had accrued.
Read the full summary
IN ERROR. Error, to the Common Pleas of Bucks County. The suit, which was trover for seven tons of coal, was originally instituted before a justice of the peace, by William Anderson against John Dickerson. Each party appeared by an .attorney. The plaintiff claimed to recover 135 the alleged value of the coal. The defendant made a tender of five dollars, and two dollars fifty-two cents, the amount of costs that had accrued. After hearing the parties, the justice gave judgment for the plaintiff in the sum of $20 with costs. The defendant appealed to the Court of Common Pleas; where the cause…
1Per curiam
— The act requires the defendant to offer a confession of judgment, not to tender the debt; and we should get away from every thing like certainty did we depart from the words. Besides, the justice had authority to receive the money only on the foot of a judgment; and that was not proposed to be given. The present point was left open in M'Dowell v. Glass, not because it was a doubtful one, but because it did not arise.
Judgment affirmed.
2Cited by3 opinions
- King v. BoylesSupreme Court of Pennsylvania · 1858
- Bogart v. RathboneSupreme Court of Pennsylvania · 1845
- Malatesta v. Alberti Sales & Service, Pennsylvania Court of Common Pleas, Delaware County1942