Plunkett v. Hamnett
Superior Court of Pennsylvania
Appeal, No. 90, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1907, No. 530, on verdict for plaintiff in case of Thomas E. Plunkett v. T. Lea Hamnett. Assumpsit for money had ■ and received. Before Shaper, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $639.92. Defendant appealed.
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Appeal, No. 90, April T., 1912, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1907, No. 530, on verdict for plaintiff in case of Thomas E. Plunkett v. T. Lea Hamnett. Assumpsit for money had ■ and received. Before Shaper, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $639.92. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant. — When the Superior Court sustained the lower court the matters in controversy became res adjudicata. The case was ended, and a plea could not give it…
1Opinion of the Court
Opinion by
Morrison, J.,
On November 15, 1906, this action in assumpsit was commenced and the plaintiff filed his declaration and affidavit of claim. November 22, 1906, demurrer filed; December 24, 1906, on argument list and demurrer sustained and plaintiff allowed ten days to file supplemental statement or declaration; May 23, 1907, appeal by plaintiff to the Superior Court. On July 15,1908, the judgment of the court below sustaining the demurrer was affirmed *100without a procedendo or any order remitting the case to the court below: Plunkett v. Hamnett, 36 Pa. Superior Ct. 590. On July 22, 1908,…
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