Scott v. Ward

Decided March 15, 1817

Harrison County Court of Common Pleas · decided 1817-03-15

Debt, on two judgments rendered by a justice of the peace in Pennsylvania. Issue and Trial to tbe Court. The first count in tbe plaintiff’s declaration stated the judgment of the justice to have been given for forty dollars. By the transcript produced in support of that count, it appeared to be for twenty dollars. The evidence was rejected on account of the variance.

Decided 1817-03-15

President.

¶1-The statute lajw, vol. 14, page 359, authorizes us to permit any defect in process or pleadings to be amended “ before a writ of error be brought,” upon such conditions as may be prescribed. Having the power, therefore, to grant this motion, the time when it is made can only affect the conditions to be prescribed. Let the declaration be amended, on the plaintiff paying the costs which have accrued since filing it, and consenting to proceed in the trial, or continue the cause, at the election of the defendant.

¶2Continued.