Mayne v. Fidelity & Deposit Co.
Supreme Court of Pennsylvania
Appeal, No 208, Jan. T., 1900, by plaintiff, from judgment of C. P. No 4, Phila. Co., June T., 1899, No. 794, for defendant non obstante veredicto in case of William C. Mayne v. The Fidelity and Deposit Company of Maryland. Assumpsit upon a bond of indemnity.
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Appeal, No 208, Jan. T., 1900, by plaintiff, from judgment of C. P. No 4, Phila. Co., June T., 1899, No. 794, for defendant non obstante veredicto in case of William C. Mayne v. The Fidelity and Deposit Company of Maryland. Assumpsit upon a bond of indemnity. From the record it appeared that the plaintiff at the request of the defendant entered bail for Philip W. Averitt who was indicted in the quarter sessions for uttering a forged instrument, in which proceeding the plaintiff was also the prosecutor. The defendant gave to the plaintiff the bond of indemnity to secure him against any loss by…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The decisions relating to the reservation of points at the trial of a cause have not always furnished a clear guide on the subject. In the recent cases of Newhard v. Penna. R. R. Co., 158 Pa. 417, Fisher v. Scharadin, 186 Pa. 565, and Williams v. Crystal Lake Water Co., 191 Pa. 98, the distinction between the reservation of a question of law and one of fact was pointed *492out; and in Casey v. Pal Asphalt Paving Co., ante, [ . 348, the rules established, by all our cases were thus stated: “ 1. The question must be one of law purely, unmixed with any question of fact. 2.…
2Cases cited3 opinions
- Fisher v. ScharadinSupreme Court of Pennsylvania · 1898
- Wilde v. TrainorSupreme Court of Pennsylvania · 1868
- Williams v. Crystal Lake Water Co.Supreme Court of Pennsylvania · 1899
3Cited by6 opinions
- McCord v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1911
- Miller v. Interstate Casualty Co. of New YorkSuperior Court of Pennsylvania · 1901
- Allison, D. v. Rice Drilling B.Superior Court of Pennsylvania · 2021
- Barnhart v. BarnhartSuperior Court of Pennsylvania · 1903
- Citizens Natural Gas Co. v. CalvertSuperior Court of Pennsylvania · 1904
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