Smith v. Smith
Superior Court of Pennsylvania
Appeal, No. 154, Oct. T., 1907, by plaintiff, from judgment of C. P. Franklin Co., April T., 1904, No. 54, for defendant non obstante veredicto in case of Frank T. Smith, Executor of the last will and testament of John Smith, deceased, v. Landis J. Smith. Assumpsit on a judgment note under seal not in possession of the plaintiff. Before Endlich, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 154, Oct. T., 1907, by plaintiff, from judgment of C. P. Franklin Co., April T., 1904, No. 54, for defendant non obstante veredicto in case of Frank T. Smith, Executor of the last will and testament of John Smith, deceased, v. Landis J. Smith. Assumpsit on a judgment note under seal not in possession of the plaintiff. Before Endlich, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,400.96. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant non obstante…
1Opinion of the Court
Opinion by
Head, J.,
This was an action of assumpsit founded on a specialty. Before the practice Act of 1887, P. L, 271, the action would undoubtedly have been debt upon specialty. Although by the very terms of the Act of March 27, 1713, 1 Sm. L. 76,— commonly called the statute of limitations, — such actions were wholly outside its provisions, the learned trial court, adopting the ingenious theory advanced for the defendant, was led to the conclusion that the bar, created by that statute in the actions therein designated, could be successfully interposed to the present action. This resulted in…
2Cases cited4 opinions
- Phila. Trust Co. v. Phila. & Erie R. R.Supreme Court of Pennsylvania · 1894
- Davis v. ShoemakerSupreme Court of Pennsylvania · 1829
- Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1899
- Evans v. SeeSupreme Court of Pennsylvania · 1854
3Cited by2 opinions
- Priester v. MillemanSuperior Court of Pennsylvania · 1947
- City of Philadelphia v. Reading Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1931