Johnston v. United Presbyterian Board of Publication
Supreme Court of Pennsylvania
October Term, 1886, No. 108, W. D., before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. Error to the Common Pleas No. 1 of Allegheny County to review a judgment for defendant non obstante veredicto in an action of debt to recover one half the cost of building a party wall.
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October Term, 1886, No. 108, W. D., before Gordon, Trunkey, Sterrett, Green, and Clark, JJ. Error to the Common Pleas No. 1 of Allegheny County to review a judgment for defendant non obstante veredicto in an action of debt to recover one half the cost of building a party wall. At the trial in the court below defendant, inter alia, presented the following points: 2. There is no evidence in this case that the defendant used the party wall erected by plaintiff, by building into or against it, or in any way using it for any new building or structure; therefore defendant is not liable in this…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett:
Tested by the recognized rules of practice, pertaining to the reservation of questions of law, etc., this record is fatally defective. Inquirer Printing & Pub. Co. v. Rice, 106 Pa. 623; Buckley v. Duff, 111 Pa. 223, 227, 1 Cent. Rep. 909, 3 Atl. 823, and cases there cited.
We might, as has sometimes been clone, reverse the judgment non obstante veredicto and enter judgment on the verdict in favor of plaintiff for the amount found by the jury; but, from what appears in the opinion of the court below, that would perhaps work injustice to the defendant, not only for…
2Cases cited2 opinions
- Buckley v. Duff & SonsSupreme Court of Pennsylvania · 1886
- Inquirer Printing & Publishing Co. v. RiceSupreme Court of Pennsylvania · 1884
3Cited by1 opinion
- Citizens & Miners Savings Bank & Trust Co. v. GillespieSupreme Court of Pennsylvania · 1887