Riegel v. Wilson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: No. 138, to January Term 1869. This was an action of assumpsit brought, December 1st 1865, by John Riegel and Stephen Riegel, trading as Riegel & Brother, against John J. Wagner and R. C. Wilson. The writ was served on Wilson and returned “ nihil” as to Wagner.
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Error to the Court of Common Pleas of Schuylkill county: No. 138, to January Term 1869. This was an action of assumpsit brought, December 1st 1865, by John Riegel and Stephen Riegel, trading as Riegel & Brother, against John J. Wagner and R. C. Wilson. The writ was served on Wilson and returned “ nihil” as to Wagner. The cause of action was a promissory note, dated July 5th 1865, from Wagner and Wilson to Riegel & Brother, payable in four months, for $851.28. On the 16th of January 1866, judgment was entered by order of the court against Wilson for default of appearance, and damages assessed…
1Opinion of the Court
The opinion of the court was delivered,
by
Sharswood, J.
It will be best to consider the several assignments of error in this case in their order.
The 1st is to the admission of the deposition of Henry Lindemuth. There had been a judgment by default for want of appearance, and on a rule to show cause why that judgment should not be opened, the deposition in question had been taken ex parte, but on due notice. This court has already decided that depositions taken on such a rule are admissible on the trial when *392the witness is dead: Haupt et al. v. Henninger, 1 Wright 138. Here the witness was not…
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- Markell v. Lang Machine Co., Pennsylvania Court of Common Pleas, Alleghany County1972
- Nace v. Neff College of OratorySuperior Court of Pennsylvania · 1911
- Strickler v. United Elevator Co., Inc.Superior Court of Pennsylvania · 1978
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