City of Altoona v. Irvin
Pennsylvania Court of Common Pleas, Blair County
Error to the Court- of Common Pleas of Blair Bounty. Amicable action between James H. Irvin, publisher of the “Blair County Radical,” plaintiff, and the City of Altoona, defendant, to recover for the publication of a statement of receipts and expenditures of said city for the year 1882. The case stated began as follows : “ It is hereby agreed by and between the parties to the above action, that the same be entered in the said Court with like effect as if summons in assumpsit…
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Error to the Court- of Common Pleas of Blair Bounty. Amicable action between James H. Irvin, publisher of the “Blair County Radical,” plaintiff, and the City of Altoona, defendant, to recover for the publication of a statement of receipts and expenditures of said city for the year 1882. The case stated began as follows : “ It is hereby agreed by and between the parties to the above action, that the same be entered in the said Court with like effect as if summons in assumpsit had been regularly issued at the suit of the said' plaintiff and against the said defendant, and the same regularly…
1Opinion of the Court
— Pee Curiam :
The law is well settled that error does not lie to a judgment on a case stated, unless it be agreed that it shall be subject to a writ of error: Fuller v. Trevor et al., 8 S. & R., 529; Hughes Admr. v Peaslee, 14 Wright, 257. This was a case stated. The agreement sets forth the facts, and expressly declares *117that “ the following case be stated for the opinion of the Court.” It is true it adds “in the nature of a special verdict;” but that does not change the nature of the case submitted, nor the conclusive effect of the judgment. The facts are agreed upon. The agreement concludes…
2Cited by2 opinions
- Pinkney v. Erie R. R.Supreme Court of Pennsylvania · 1920
- Graham v. Schuylkill CountySuperior Court of Pennsylvania · 1901