Fowler v. Smith
Supreme Court of Pennsylvania
Appeal, No. 43, Oct. T., 1892, by plaintiff, Ann L. Fowler, executrix of James Fowler, deceased, from judgment of C. P. No. 1, Allegheny Co., June T., 1890, No. 653, on verdict for defendant, Zant. McD. Smith. Scire facias to revive judgment.
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Appeal, No. 43, Oct. T., 1892, by plaintiff, Ann L. Fowler, executrix of James Fowler, deceased, from judgment of C. P. No. 1, Allegheny Co., June T., 1890, No. 653, on verdict for defendant, Zant. McD. Smith. Scire facias to revive judgment. At the trial, before Collier, J., defendant introduced evidence which tended to sbow that the judgment which was for $7,292 had been fully paid and satisfied by the payment of 12,100 by defendant’s mother, under an agreement that such payment should be an accord and satisfaction of the judgment. The judgment was entered in 1878, and plaintiffs testator…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first eight assignments of error are to the charge, first as a whole, and then to detached sentences, many of the latter of the most unimportant character. Such practice is not to be encouraged. The charge as a whole presents to the jury the nature of the controversy, the claims of the respective parties, the burden of proof, and the province of the jury. These are the substantial elements of the case, and though presented very briefly and in the most general way, we cannot say that *644the presentation was either inadequate or erroneous. As held in Borham v.…
2Cases cited4 opinions
- Borham v. Davis, Pennsylvania Court of Common Pleas, Mercer County1892
- Savage v. EvermanSupreme Court of Pennsylvania · 1872
- Hendrick v. ThomasSupreme Court of Pennsylvania · 1884
- Grayson's AppealSupreme Court of Pennsylvania · 1885
3Cited by15 opinions
- Miller's EstateSupreme Court of Pennsylvania · 1924
- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
- Stone v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Dime Bk. Tr. Co. v. Walsh Et Ux.Superior Court of Pennsylvania · 1940
- Marshall v. BullardSupreme Court of Iowa · 1901
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