Huffsmith v. Levering
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of Monroe county, to remove the record of a suit, there depending between Peter Huff-smith, plaintiff, and Abraham Levering defendant. The case came before the Court below on an appeal from the judgment of a justice of the peace rendered on a scire facias quare executio non, fflc.
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Error, to the Court of Common Pleas of Monroe county, to remove the record of a suit, there depending between Peter Huff-smith, plaintiff, and Abraham Levering defendant. The case came before the Court below on an appeal from the judgment of a justice of the peace rendered on a scire facias quare executio non, fflc. The transcript showed, that the original suit was commenced on the 27th of January, 1834, and that the plaintiff’s claim was for the amount of a promissory note, dated the 1st of April, 1830, payable the first of April 1832, for $25. Judgment was rendered in favour of the…
1Opinion of the Court
The opinion of the court was delivered by
*Gibson, C. J.
The record returned with this writ of error, is a pregnant proof that the forms of the law are the guardians of its principles. The.suit below was an appeal from the judgment of a justice, on a scire facias quare execuiio non ; in which, pursuant to a practice tolerated in appeal causes, the plaintiff declared for money had and received.* This practice may be a convenient one; but it leads to irregularities, which, if not corrected, would not only change the form of the proceeding, but impair the rights involved in it, as happened in this…
2Cases cited3 opinions
- Fox v. WoodSupreme Court of Pennsylvania · 1829
- Rundel v. KeelerSupreme Court of Pennsylvania · 1838
- Cardesa v. HumesSupreme Court of Pennsylvania · 1819
3Cited by3 opinions
- Frankel v. SatterfieldSuperior Court of Delaware · 1890
- Connellsville Township Supervisors v. City of ConnellsvilleCommonwealth Court of Pennsylvania · 1974
- Mellon v. SawyerSuperior Court of Pennsylvania · 1906