Legal Opinion

Irvin v. Irvin

Pennsylvania Court of Common Pleas, Clearfield County

Decided May 4, 1891No. 53PublishedCited by 43 opinions

No. 53 January Term 1891, Sup. Ct.; court below, No. 163 February Term 1890, C. P. On December 31, 1889, Martha Jane Irvin brought assumpsit against John Irvin. By amendment at the trial, James A. Irvin, plaintiff’s husband, was added as a party, so as to make the action stand in the names of James A. Irvin and Martha Jane Irvin his wife, in right of said Martha Jane, v. John Irvin.

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No. 53 January Term 1891, Sup. Ct.; court below, No. 163 February Term 1890, C. P. On December 31, 1889, Martha Jane Irvin brought assumpsit against John Irvin. By amendment at the trial, James A. Irvin, plaintiff’s husband, was added as a party, so as to make the action stand in the names of James A. Irvin and Martha Jane Irvin his wife, in right of said Martha Jane, v. John Irvin. The plaintiff’s statement of claim, as amended, set out a contract by which the defendant stipulated to pay to Martha Jane Irvin, $6,000, in consideration of certain things to be done by her, and in the following…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

There are thirty-two assignments of error in this case. A *284discussion of them in detail is impracticable. We can only refer, in a general way, to the controlling principles presented by the record.

The action in the court below was brought upon a promissory note for four thousand dollars, made by the defendant to the order of Annie M. Irvin, and by her indorsed. At the time the note was made, it was delivered to Murray & Gordon, attorneys, and had remained in their possession to the time of the trial below, when it was produced by them upon call. The…

2Cases cited3 opinions

  1. Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
  2. Barnhart v. RiddleSupreme Court of Pennsylvania · 1857
  3. Lewis v. BrewsterSupreme Court of Pennsylvania · 1868

3Cited by43 opinions

  1. Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
  2. Speier v. MichelsonSupreme Court of Pennsylvania · 1931
  3. Grubb v. RockeySupreme Court of Pennsylvania · 1951
  4. Walker v. SaricksSupreme Court of Pennsylvania · 1948
  5. Union Storage Co. ex rel. Liverpool & London & Globe Insurance v. SpeckSupreme Court of Pennsylvania · 1899

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