Frank v. Colhoun
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1868, No. 101, In the court below this was an action of assumpsit, commenced August 3d 1867, by George Colhoun and another, trading as Colhoun & Edwards, against William Erank. nThe plaintiffs filed a copy of their account and an affidavit of their claim under the 5th rule of the Court of Common Pleas, which is in these words : “ If the plaintiff shall file, with his praecipe, a…
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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1868, No. 101, In the court below this was an action of assumpsit, commenced August 3d 1867, by George Colhoun and another, trading as Colhoun & Edwards, against William Erank. nThe plaintiffs filed a copy of their account and an affidavit of their claim under the 5th rule of the Court of Common Pleas, which is in these words : “ If the plaintiff shall file, with his praecipe, a specification of the items of his claim, and statement of facts necessary to support it, verified by affidavit, such items of the…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Agnew, J.
There was no error in admitting the plaintiffs’ bill of particulars under the 5th rule of the court below. The items of claim were accompanied by a statement of facts in support of them, and the claim verified by affidavit. The allegation that there was not such a statement duly verified is 'a mistake of fact. Nor is the assertion that the facts stated by the plaintiffs were denied by the defendant, any more accurate. The affidavit of the defendant denies no material averments of the plaintiffs,' but introduces new matter by…
2Cases cited1 opinion
- Vaughan v. BlanchardSupreme Court of Pennsylvania · 1792
3Cited by6 opinions
- New Castle Metal Products Co. v. CampbellSuperior Court of Pennsylvania · 1938
- Smith v. Ellwood City Ice Co.Supreme Court of Pennsylvania · 1933
- Vaughan v. BlanchardSupreme Court of Pennsylvania · 1792
- Cohen v. Stergiakis, Pennsylvania Court of Common Pleas, Centre County1936
- Gill v. People's Natural Gas Co.Superior Court of Pennsylvania · 1901
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