Kershner v. Kemmerling
Superior Court of Pennsylvania
Appeal, No. 32, Oct. T.,1903, bydefendant, from judgment of C. P. Schuylkill Co., May T., 1901, No. 45, on verdict for defendants in case of Absalom Kershner v. Magdalena Kemmerling et al. Scire facias to revive a judgment. Before Shay, J. At the trial the plaintiff called by the defendants was asked this question as to the note on which judgment had been entered : Q. State when this note was made and who made it. Mr. Koch : Objected to.
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Appeal, No. 32, Oct. T.,1903, bydefendant, from judgment of C. P. Schuylkill Co., May T., 1901, No. 45, on verdict for defendants in case of Absalom Kershner v. Magdalena Kemmerling et al. Scire facias to revive a judgment. Before Shay, J. At the trial the plaintiff called by the defendants was asked this question as to the note on which judgment had been entered : Q. State when this note was made and who made it. Mr. Koch : Objected to. What is the purpose of the question? Mr. Webb: We have the same right to make any defense which the administratrix made, or could have made. We have a right…
1Opinion of the Court
Per Curiam,
The single assignment of error in this case is based upon an exception alleged to have taken upon the trial to a ruling of the court sustaining an objection to a question put to a witness called by the defendants.
*183But it is objected by the plaintiffs counsel that the assignment should be dismissed and the appeal quashed, because the stenographer’s notes of the trial in which the ruling appears were not approved by the judge and filed by his direction. It appears upon an inspection of the judge’s certificate, that this objection is well founded. He not only declares that the notes…
2Cases cited3 opinions
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
- Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
- Morgan v. BrowneSupreme Court of Pennsylvania · 1872
3Cited by1 opinion
- Feingold v. KatzSuperior Court of Pennsylvania · 1910