Lecky v. M'Dermot

Supreme Court of Pennsylvania

Lecky v. M'Dermot

5 Serg. & Rawle 331

DecidedSeptember 25, 1819

StatusPublished

This text of 5 Serg. & Rawle 331 (Lecky v. M'Dermot) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lecky v. M'Dermot, 5 Serg. & Rawle 331 (Pa. 1819).

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Opinion

Per Curiam.

The furthest this Court has gone, was, where there was a plea with an entry of the usual memorandum, “ and issue.” This was held to be equivalent to a direction to the clerk, to join the issue formally; and the omission, being of a clerical nature, was cured by the verdict. But even the want of such a memorandum would be fatal; much more so, where there is no plea, which nothing can cure.

Judgment reversed.

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Per Curiam.

The furthest this Court has gone, was, where there was a plea with an entry of the usual memorandum, “ and issue.” This was held to be equivalent to a direction to the clerk, to join the issue formally; and the omission, being of a clerical nature, was cured by the verdict. But even the want of such a memorandum would be fatal; much more so, where there is no plea, which nothing can cure.

Judgment reversed.

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Bluebook (online)

5 Serg. & Rawle 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lecky-v-mdermot-pa-1819.