Boner v. Luhman

Citations

• 148 Pa. 591
• 24 A. 90
• 1892 Pa. LEXIS 1036

Syllabus

<p>[ifarked to be reported.]</p> <p>Appeal from justice of the peace — Transcript—Amendment—Promissory note — Declaration—Evidence.</p> <p>On an appeal from a justice of the peace, the transcript, upon which as a declaration the case was tried, showed that plaintiff’s claim was for money due for timber sold to the defendant : Held, (1) that plaintiff was entitled to show that his claim before the justice was upon a promissory note given by the defendant for the timber; (2) that plaintiff was entitled to amend his declaration by adding a count upon the note. Whether the transcript could be amended so as to make the claim appear to be upon the note, instead of for timber sold, not decided.</p>