Pennebaker v. Parker
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1907, by defendant, from judgment of C. P. Juniata Co., Sept. T., 1904, No. 106, on. verdict for plaintiff in case of S. E. Pennebaker v. Edmund S. Parker and James J. Horning. Appeal from judgment of a justice of tbe peace. Before Shull, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 10, March T., 1907, by defendant, from judgment of C. P. Juniata Co., Sept. T., 1904, No. 106, on. verdict for plaintiff in case of S. E. Pennebaker v. Edmund S. Parker and James J. Horning. Appeal from judgment of a justice of tbe peace. Before Shull, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the following offer was made: Judge Atkinson: We offer to prove by this witness that he presented two separate accounts before Squire Smith at the time of the first suit there, representing independent claims for lumber bought at different times; that Mr.…
1Dissent
Dissenting opinion by
Morrison, J¡:
I cannot agree with the opinion representing the majority of this court because I think it flatly in the teeth of the decisions of the Supreme Court on the question of a former recovery.
On April 6, 1904, the plaintiff sued the defendant before a justice of the peace, and on the return day of the summons the plaintiff claimed $292.37, a balance on lumber furnished for the erection of a new barn and other lumber furnished for defendant, and on the same date, after hearing, judgment was entered in favor of the plaintiff for $19.50. This judgment was not appealed…
2Cases cited12 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Buck v. WilsonSupreme Court of Pennsylvania · 1886
- Logan v. CaffreySupreme Court of Pennsylvania · 1858
- Pinney v. BarnesSupreme Court of Connecticut · 1845
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