Pennebaker v. Parker
Superior Court of Pennsylvania
Appeal, No. 10, March T., 1907, by defendant, from judgment of C. P. Juniata Co., Sept. T., 1904, No. 106, on. verdict for plaintiff in case of S. E. Pennebaker v. Edmund S. Parker and James J. Horning. Appeal from judgment of a justice of tbe peace. Before Shull, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 10, March T., 1907, by defendant, from judgment of C. P. Juniata Co., Sept. T., 1904, No. 106, on. verdict for plaintiff in case of S. E. Pennebaker v. Edmund S. Parker and James J. Horning. Appeal from judgment of a justice of tbe peace. Before Shull, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the following offer was made: Judge Atkinson: We offer to prove by this witness that he presented two separate accounts before Squire Smith at the time of the first suit there, representing independent claims for lumber bought at different times; that Mr.…
1Opinion of the Court
Opinion by
Beaver, J.,
The ostensible ground upon which the defendant based his points for charge, the refusal of which and the subsequent denial of his motion for judgment for the defendant, n. o. v., are complained of in the fourth, fifth and sixth assignments of error, is that the claim upon which the suit was founded was res judicata.
The facts upon which this claim is raised_are stated in the third point, which briefly summarizes them : ■“ That the lum*461ber sued for to the amount of $272.87 on present suit began before H. F. Smith, a justice of the peace, was the same lumber included in the…
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- Carroll v. AsburySuperior Court of Pennsylvania · 1905
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