Miller v. Ralston

Supreme Court of Pennsylvania

Miller v. Ralston

1 Serg. & Rawle 309

CourtSupreme Court of Pennsylvania

DecidedMarch 23, 1815

StatusPublished

Cited by7 cases

This text of 1 Serg. & Rawle 309 (Miller v. Ralston) 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

Miller v. Ralston, 1 Serg. & Rawle 309 (Pa. 1815).

Pincite

Opinion

By the Court.

It appears by the record that the action was brought before the debt was due, which is manifest •error. ■ The judgment must therefore be reversed.

Mr. Hopkins then moved for a venire facias de novo, which the Court refused, because there was no error in the course of the trial, but it appeared from the plaintiff’s own averment that there was no cause of action at the time the suit was commenced.

Judgment reversed.

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By the Court.

It appears by the record that the action was brought before the debt was due, which is manifest •error. ■ The judgment must therefore be reversed.

Mr. Hopkins then moved for a venire facias de novo, which the Court refused, because there was no error in the course of the trial, but it appeared from the plaintiff’s own averment that there was no cause of action at the time the suit was commenced.

Judgment reversed.

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Bluebook (online)

1 Serg. & Rawle 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-ralston-pa-1815.

Opinion

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