5 Serg. & Rawle 373
Decided December 20, 1819
Supreme Court of Pennsylvania · decided 1819-12-20
In Error. ERROR to the District Court of the city and county of Philadelphia. It was assigned for error in this case, that Reuben Moore, jun. an infant, one of the plaintiffs in error, and one of the defendants below, appeared in the Court below by attorney,C and not by guardian. The defendant in error pleaded in ,, nnllo est erratum.
Relies on Sliver v. Shelback
Decided 1819-12-20
¶1We are of opinion, that by the plea of in ' nullo est erratum, it is confessed that Reuben Moore, junr. an infant, did appear by attorney; and we are also of opinion, that the appearance of an infant by attorney in the Court below, is assignable for error in this Court. It was so decided in Sliver v. Shelback, 1 Dall. 165. The judgment must therefore be reversed.
¶2Judgment reversed.