Smith & Wife v. Boyer
Supreme Court of Pennsylvania
ERROR to tbe common pleas of Dauphin county. This action originated before a justice of the peace, in the names of George Boyer and William Boyer, administrators of Michael Boyer deceased, against Eleanor Boyer, for goods purchased by the defendant, who was the widow of the plaintiff’s intestate, at the vendue.
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ERROR to tbe common pleas of Dauphin county. This action originated before a justice of the peace, in the names of George Boyer and William Boyer, administrators of Michael Boyer deceased, against Eleanor Boyer, for goods purchased by the defendant, who was the widow of the plaintiff’s intestate, at the vendue. The justice rendered a judgment in favour of the plaintiffs, which remained until after the defendant was married to Jacob Smith, when a scire facias issued against Smith and wife, upon which the justice rendered a judgment for the plaintiffs, from which the defendants appealed. The…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
first error assigned, that the court below permitted the amended statement to be filed, and received evidence of the marriage of Jacob Smith with Eleanor Boyer, is not sustained. The proceeding before themagistrate, from which the appeal was taken, was a scire facias to have execution against the husband and wife of a former judgment rendered against the wife whilst sole. The first statement was defective, in not properly setting forth the parties and the cause of action. The amended statement corresponded with the cause of action and the…
2Cited by4 opinions
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813
- Green v. Ashland Iron Co.Supreme Court of Pennsylvania · 1869
- Bogart v. M'DonaldNew York Supreme Court · 1801