Rundell v. Kalbfus
Supreme Court of Pennsylvania
ERROR TO THE COURT OF, COMMON PLEAS OE 15 RADFORD COUNTY. No. 370 January Term 1888, Sup. Ct.; court below, No. 594 September Term 1886, C. P. On January 28,1886, a summons issued “ in an action on tlie case for conspiracy,” wherein Joseph Kalbfus, O. F. Jones and Leyi Welles, trading as Kalbfus & Jones, were plaintiffs, and E. J. Billings, U. M. Fell and E. D. Rundell, defendants.
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ERROR TO THE COURT OF, COMMON PLEAS OE 15 RADFORD COUNTY. No. 370 January Term 1888, Sup. Ct.; court below, No. 594 September Term 1886, C. P. On January 28,1886, a summons issued “ in an action on tlie case for conspiracy,” wherein Joseph Kalbfus, O. F. Jones and Leyi Welles, trading as Kalbfus & Jones, were plaintiffs, and E. J. Billings, U. M. Fell and E. D. Rundell, defendants. The paper books did not present the plaintiffs’ declaration, but showed that on September 8,1886, the defendants pleaded, not guilty. At the trial on April 9, 1887, the defendants by leave of court added the plea…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson:
The first assignment alleges that the court below erred in instructing the jury that they might find a verdict against one of the defendants and in favor of the others. If this instruction was erroneous it lias not been made to appear. The action below was for a tort in the nature of a conspiracy. The declaration is not printed in the paper books; hence we can gather no information from it. In a prosecution for a conspiracy the combination is of the gist of the offence, and if that is not proved there can be no conviction. The offence is complete wdien the…
2Cases cited1 opinion
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- Evans v. FreemanU.S. Circuit Court for the District of Eastern Pennsylvania · 1905
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