Legal Opinion

Heyer v. Cunningham Piano Co.

Superior Court of Pennsylvania

Decided February 19, 1898No. Appeal, No. 101PublishedCited by 12 opinions

Appeal, No. 101, Oct. T., 1897, by defendant, from judgment of G. P. No. 1, Phila. Co., Sept. T., 1896, No. 730, on verdict for plaintiff. Assumpsit for wages. Before Biddle, J. The plaintiff alleged a contract of employment by defendant as foreman of defendant’s factory for the period of one year, on and after May 4,1896, at a yearly salary of SI,500 payable in weekly instalments.

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Appeal, No. 101, Oct. T., 1897, by defendant, from judgment of G. P. No. 1, Phila. Co., Sept. T., 1896, No. 730, on verdict for plaintiff. Assumpsit for wages. Before Biddle, J. The plaintiff alleged a contract of employment by defendant as foreman of defendant’s factory for the period of one year, on and after May 4,1896, at a yearly salary of SI,500 payable in weekly instalments. He offered on May 4,1896, to perform the duties under the alleged agreement, but defendant refused to permit him to enter its employment. Other facts appear in the opinion of the court. Verdict and judgment for…

1Opinion of the Court

Opinion by

Smith, J.,

It is objected by the appellee that neither the charge nor the. evidence is on the record before us; since it does not appear that the charge was filed by the judge’s direction, at the request, of a party, before verdict, and.there is no bill of exceptions to any of the evidence, or to any portion of the charge.

This objection is based on a phase of practice which has, within the last twenty years, been in large measure superseded. All the cases holding that the charge becomes part of the record only when filed at the request of a party, before verdict, were; decided under…

2Cases cited9 opinions

  1. Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
  2. Emery v. SteckelSupreme Court of Pennsylvania · 1889
  3. Connell v. O'NeilSupreme Court of Pennsylvania · 1893
  4. King & Graham v. SteirenSupreme Court of Pennsylvania · 1862
  5. Wolf v. StudebakerSupreme Court of Pennsylvania · 1870

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Egyptian Sands Real Estate, Inc. v. PolonySupreme Court of Pennsylvania · 1972
  2. Gordon v. TomeiSuperior Court of Pennsylvania · 1940
  3. Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
  4. Kerns v. Prudential InsuranceSuperior Court of Pennsylvania · 1899
  5. Speier v. Locust LaundrySuperior Court of Pennsylvania · 1916

7 more not listed; retrieve them via the Exa API.

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