Legal Opinion

Mutual Loan & Savings Ass'n v. National Surety Co.

Supreme Court of Pennsylvania

Decided April 17, 1916No. Appeal, No. 358PublishedCited by 4 opinions

Appeal, No. 358, Jan. T., 1915, by defendant, from judgment of C. P. Frantlin Co., Sept. T., 1913, No. 110, on verdict for plaintiff, in case of The Mutual Loan and Savings Association of Chambersburg v. National Surety Company. Assumpsit on a bond. Before Gillan, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,422.50 and judgment thereon. Defendant appealed. Errors assigned were various instructions to the jury.

1Opinion of the Court

Per Curiam,

When this case was called for argument a motion was made to quash the appeal, one of the reasons for the motion being that the “charge and answer to points were not certified to by the official stenographer, who took the notes of the same upon trial, in the manner and form required by Section 4 of the Act of Assembly approved the 1st day of May, A. D. 1907, P. L. 135.” This is true, but the requirements of the act of assembly were not complied with because the official stenographer of the court below died shortly after the trial, without having transcribed his notes. Though this is…

2Cited by4 opinions

  1. Mansfield v. LopezSuperior Court of Pennsylvania · 1981
  2. Bonds v. Ohio River Co.Superior Court of Pennsylvania · 1971
  3. National Corporation v. Brown, Pennsylvania Court of Common Pleas, Philadelphia County1957
  4. Mansfield v. LopezSuperior Court of Pennsylvania · 1981

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