Harris v. Christian
Supreme Court of Pennsylvania
In error from the Common Pleas of Philadelphia. Afrilfi. Assumpsit for work and labour done. Pleas, nonassumpsit and the statute of limitations. The claim was for fees earned by the plaintiff’s intestate, who was an alderman of Philadelphia. On the trial, before Parsons, J., the plaintiff, under exception, read the alderman’s docket, to show the suits brought for the present defendant.
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In error from the Common Pleas of Philadelphia. Afrilfi. Assumpsit for work and labour done. Pleas, nonassumpsit and the statute of limitations. The claim was for fees earned by the plaintiff’s intestate, who was an alderman of Philadelphia. On the trial, before Parsons, J., the plaintiff, under exception, read the alderman’s docket, to show the suits brought for the present defendant. In many instances, the suits were ended more than six years before this action was brought. His honour instructed the jury, that the plaintiff could recover in all cases where there had been a judgment…
1Opinion of the CourtRogers, J.
We see nothing wrong in the trial, except the answer of the court to the defendant’s fifth point. The court was requested to instruct the jury that the. statute of limitations is a bar in all cases in which the services were rendered more than six years before the death of the alderman. The court refused to give this instruction, under the erroneous idea that the action was founded on a claim of record, and not a contract. Although the docket of the justice is evidence to charge the defendant with the costs of the original writ, subpoena, and execution, yet it is not a debt of record, but the…
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- Erhardt v. Salwen, Pennsylvania Court of Common Pleas, Lackawanna County1943
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