Wray v. Spence
Pennsylvania Court of Common Pleas, Clarion County
No. 87 October Term 1891, Sup. Ct.; court below, No. 447 August Term 1883, C. P. On August 18,1883, an appeal was entered from the judgment of a justice of the peace in an action by William Wray against H. P. Spence and Daniel Steiner. On December 10, 1884, the plaintiff filed his declaration in assumpsit, and on December 27th, the death of the plaintiff was suggested, and his administrators, James Wray and William A. Wray, were substituted.
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No. 87 October Term 1891, Sup. Ct.; court below, No. 447 August Term 1883, C. P. On August 18,1883, an appeal was entered from the judgment of a justice of the peace in an action by William Wray against H. P. Spence and Daniel Steiner. On December 10, 1884, the plaintiff filed his declaration in assumpsit, and on December 27th, the death of the plaintiff was suggested, and his administrators, James Wray and William A. Wray, were substituted. On February 11, 1885, defendant Steiner, under the rules, filed the plea of non assumpsit, and at the same time his affidavit denying any partnership or…
1Opinion of the Court
Opinion,
Me. Justice Green:
The defendant made no request for a binding instruction by the court to render a verdict in his favor, and therefore the third assignment of error cannot be sustained. The refusal of the court to enter a compulsory nonsuit cannot be assigned for error, and therefore the second assignment is not sustained. This leaves only the first assignment to be considered. It was for the refusal of the court below to strike out the testimony of the witness Daniel McKenna.
The witness had testified to having seen a son of the defendant Steiner taking away from the Wray mill some of…
2Cited by2 opinions
- Fry v. FlickSuperior Court of Pennsylvania · 1899
- Kassab v. SoyaSupreme Court of Pennsylvania · 1968