Barker v. McCreary

Citations

• 66 Pa. 162
• 1871 Pa. LEXIS 9

Syllabus

<p>1. The Supreme Court will not reverse for want of a declaration or plea after a trial on the merits.</p> <p>2. A justice rendered judgment for $46 62, the plaintiff appealed and.two years afterwards obtained a judgment on verdict for $50. Held, that he was entitled to costs.</p> <p>3. The judgment in court was for a greater sum and more favorable than that from which he appealed.</p> <p>4. To ascertain whether the jury added interest in their verdict, the court would have to go out of the record, which cannot be done.</p> <p>5. Park v. Sweeney, 3 AVright 111, distinguished.</p>