Collins v. Barnes
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 42 October Term 1889, Sup. Ct.; court below, No. 217 January Term 1874, C. P. No. 2. On November 28, 1873, a summons in case was served in an action by P. F. Collins and J. M. Moorhead, partners as P. F. Collins & Co., against O. W. Barnes. On December 16, 1873, by leave of court the form of action was changed from case to covenant, and a declaration in covenant filed. Issue.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 42 October Term 1889, Sup. Ct.; court below, No. 217 January Term 1874, C. P. No. 2. On November 28, 1873, a summons in case was served in an action by P. F. Collins and J. M. Moorhead, partners as P. F. Collins & Co., against O. W. Barnes. On December 16, 1873, by leave of court the form of action was changed from case to covenant, and a declaration in covenant filed. Issue. A trial' was had on May 11, 1875, the action being then, as it seemed, changed to debt,1 resulting in a verdict and judgment thereon in…
1Per curiam
A careful examination of this case fails to disclose error. The legal principles involved were in the main settled when the case was here before. See Collins v. Barnes, 83 Pa. 15. The errors assigned relate principally to matters occurring on the trial below. As, however, the trial appears to have been conducted in accordance with the principles indicated in the former opinion, we see no just cause of complaint. There is no objection to the filing of the amended narr, referred to in the first four specifications of error. There was no change of the cause of action. The objections to the…
2Cases cited1 opinion
- Collins v. BarnesSupreme Court of Pennsylvania · 1876