Brenner, Trucks & Co. v. Moyer
Supreme Court of Pennsylvania
June 7th 1881. . Before Sharswood, O. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Clinton county: Of May Term 1881, No. 156. Attachment under the Act of March 17th 1869, by Peter Moyer against Brenner, Trucks & Co. The defendants filed a bond and the property attached was released. The plaintiff filed a narr. in assumpsit, to which the defendants pleaded the general issue.
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June 7th 1881. . Before Sharswood, O. J., Merour, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Clinton county: Of May Term 1881, No. 156. Attachment under the Act of March 17th 1869, by Peter Moyer against Brenner, Trucks & Co. The defendants filed a bond and the property attached was released. The plaintiff filed a narr. in assumpsit, to which the defendants pleaded the general issue. On the trial, before Orvis, A. L. J., the plaintiff put in evidence, for the purpose of showing the defendants’ indebtedness, the record of a suit iu assumpsit between…
1Opinion of the CourtJustice Green
On April 30th 1874, the plaintiff below issued a summons *277in assumpsit against the defendants, and on the same day filed a narr. and an affidavit of claim, alleging his cause of action to be an indebtedness due by the defendants to him in the sum of $1,303.19, for making and delivering 13,506 cubic feet of square timber. The narr. contained only the common counts, but subsequently an amended narr. was filed, declaring on a special contract in writing, for making and delivering square timber, the quantity delivered, and price therefor, being the same as set forth in the affidavit of claim. The…
2Cases cited2 opinions
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- Eyster's EstateSupreme Court of Pennsylvania · 1836
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- Oliver v. KinneySupreme Court of Alabama · 1911
- Miller v. RohrerSupreme Court of Pennsylvania · 1889
- Locey v. Sterling Motor Truck Co.Superior Court of Pennsylvania · 1931
- Davies v. Harrison, Pennsylvania Court of Common Pleas, Philadelphia County1923
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