Byrne v. Grossman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 2, to May Term 1870. George Grossman brought an action against Bernard Byrne before a justice of the peace, who having given judgment in the case, it was, on the 17th of April 1868, removed by appeal into the Court of Common Pleas.
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Error to the Court of Common Pleas of Lancaster county: No. 2, to May Term 1870. George Grossman brought an action against Bernard Byrne before a justice of the peace, who having given judgment in the case, it was, on the 17th of April 1868, removed by appeal into the Court of Common Pleas. On the trial there, February 23d 1869, the jury returned the following verdict:— “ The jury in the case of Grossman v. Byrne have decided the defendant pay the plaintiff the sum of $45, and deliver said note to the defendant. Plaintiff pays his own witness costs and the half of the county costs. Defendant…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1870.
2Per curiam
There is nothing on the face of this record to show any demand made hy the plaintiffs in error for a poll of the jury which is the subject of the principal assignment of error, and a refusal to allow it by the court. It is therefore a matter not reviewable here. No doubt such an application being parcel of the trial, by custom, might if refused and excepted to, have been brought up for examination here on a bill of exceptions, and then the codrt^could have determined whether a special verdict of each juror was the right of either party, or…
3Cited by4 opinions
- Reed v. KinnikSupreme Court of Pennsylvania · 1957
- Zarko v. KramerSuperior Court of Pennsylvania · 1934
- Capece v. Bushinski, Pennsylvania Court of Common Pleas, Lehigh County1922
- Trout v. Oswald, Pennsylvania Court of Common Pleas, Huntingdon County1960