M'Laughlin v. Parker
Cases that cite this one
3 later published cases cite this decision.
- Corrigan v. Bank of America, N.A. (Fla. Dist. Ct. App. 2016)
- Roud v. Griffith (Pa. 1824)
- Langer v. Parish (Pa. 1822)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is painful to reverse judgments on points which may be foreign.to the merits; but when errors stare us in the face, a reversal is unavoidable. If this action was really commenced before the debt was due, justice would require that it should be dismissed, with costs to the defendant. Biit I am afraid the assumption has been laid wrong, through inadvertence. Should this be the case, I can only express my. regret for the accident. As there seems to have been some doubt among the attornies of the Common Pleas, it is proper they should understand it to be our opinion, that the appeal is no more than a continuation of' the action commenced before the justice; that the same cause of action, and no other, must be prosecuted, on the appeal, and that, in order to support the judgment in the Common Pleas, the declaration must state a cause of action which accrued prior to the commencement of the suit, before the justice. These principles were established, in the case of Owen v. Shelha
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.