McConnell v. Apollo Savings Bank
Pennsylvania Court of Common Pleas, Armstrong County
No. 263 October Term 1891, Sup. Ct.; court below, No. 376 June Term 1886, C. P. On May 31,1886, Abner McConnell issued a summons “ in case sur contract,” against “the Apollo Savings Bank, a corporation under the laws of Pennsylvania.” On December 27th the plea of nul tiel corporation was entered. At the trial, on June 5, 1890, additional pleas and specifications were filed, but what they were was not shown in the paper-books.
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No. 263 October Term 1891, Sup. Ct.; court below, No. 376 June Term 1886, C. P. On May 31,1886, Abner McConnell issued a summons “ in case sur contract,” against “the Apollo Savings Bank, a corporation under the laws of Pennsylvania.” On December 27th the plea of nul tiel corporation was entered. At the trial, on June 5, 1890, additional pleas and specifications were filed, but what they were was not shown in the paper-books. The trial proceeding, the plaintiff was called in his own behalf: Mr. Mechling: “Q. State if you were the possessor of any land, and how much and what it was worth.” Mr.…
1Opinion of the Court
Per Curiam.:
The single specification of error is “ That the court clearly erred in not permitting the plaintiff to testify in his own behalf.”
There is nothing in the paper-book of the appellant which enables us to dispose of this question intelligently. We gather, however, from the fragmentary glimpses of the case which it discloses, that the president of the bank was dead, and the testimony referred to had reference to some conversation or contract to which he was a party. In the printed argument of the appellant it is said: “In this case, the Apollo banking association is not dead, and the…
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