Claflin Co. v. Querns
Superior Court of Pennsylvania
Appeal, No. 82, Oct. T., 1900, by plaintiff, in suit of the H. B. Claflin Company against Mary Querns, from judgment of C. P. Berks Co., Aug. T., 1899, No. 168, on verdict for defendant. Per Curiam. Feigned issue to determine the validity of a judgment.
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Appeal, No. 82, Oct. T., 1900, by plaintiff, in suit of the H. B. Claflin Company against Mary Querns, from judgment of C. P. Berks Co., Aug. T., 1899, No. 168, on verdict for defendant. Per Curiam. Feigned issue to determine the validity of a judgment. Before Ermentrout, P. J. It appears from the record that the trial judge admitted evidence in support of the following offer: [Mr. Ruhl: Defendant offers in evidence execution and return of the sheriff for the purpose of rebutting any inference that might be made that the execution was issued not for the purpose of collecting an honest debt,…
1Opinion of the Court
Per Curiam,
The first assignment is not in compliance with Rule 17 of this court. It was important that the sheriff’s return at least should have been printed.
The second and third assignments are to the refusal of the court to give binding instructions for the plaintiff. They cannot be sustained. If the jury believed the testimony of the defendant and her witnesses given on the trial they were warranted in giving a verdict in her favor. The question was one of fact, and the trial judge would have usurped the functions of the jury had he declared that these witnesses were unworthy of belief, as…
2Cases cited1 opinion
- Taylor v. BurrellSuperior Court of Pennsylvania · 1898
3Cited by3 opinions
- Provident Life & Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1902
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Whaley v. Citizens' National BankSuperior Court of Pennsylvania · 1905