Headley v. Renner
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF GREENE COUNTY. No. 196 October Term 1889, Sup. Ct.; court below, No. 140 October Term 1886, C. P. On August 27,1886, David Headley and Lucretia Headley, his wife, in right of said wife, brought debt against Barnet Renner, to enforce payment of a legacy alleged to be due- personally from the defendant to his sister Lucretia, under the will of their father, Jacob Renner, deceased. Issue.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF GREENE COUNTY. No. 196 October Term 1889, Sup. Ct.; court below, No. 140 October Term 1886, C. P. On August 27,1886, David Headley and Lucretia Headley, his wife, in right of said wife, brought debt against Barnet Renner, to enforce payment of a legacy alleged to be due- personally from the defendant to his sister Lucretia, under the will of their father, Jacob Renner, deceased. Issue. At the trial on January 24,1888, the case being closed on the testimony, the defendant presented certain points for instruction. The court, Inghram, P. J.,…
1Opinion of the Court
Pee Cueiam:
We are asked to reverse this judgment for the reason, inter alia, that the question of law was not properly reserved. This *546point should have been made at the time of the reservation. It will not do to acquiesce in the action of the court below, and then come here to complain of it. “ When no exception is taken below to a point reserved, the presumption is that it was assented to as a true statement of the facts: ” Insurance Co. v. Insurance Co., 71 Pa. 31. As the court entered judgment on the verdict, there is nothing here to show that it was error.
The third assignment alleges that…
2Cases cited3 opinions
- Insurance Company v. Phœnix InsuranceSupreme Court of Pennsylvania · 1872
- Etter v. GreenawaltSupreme Court of Pennsylvania · 1881
- Eyre's AppealSupreme Court of Pennsylvania · 1884
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- Wolf v. JacobsSuperior Court of Pennsylvania · 1899
- Estate of Lannon, Superior Court of California, County of San Francisco1897
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