Brown v. Brooks
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. . On the 4th of August, 1849, Brown, the plaintiff in error, made a contract with Jacob Strader to deliver him certain lumber the next spring. On the 1st of December, 1849, Brown assigned this agreement to Brooks, and guarantied the payment of the same. The lumber was not delivered.
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Error to the Common Pleas of Jefferson county. . On the 4th of August, 1849, Brown, the plaintiff in error, made a contract with Jacob Strader to deliver him certain lumber the next spring. On the 1st of December, 1849, Brown assigned this agreement to Brooks, and guarantied the payment of the same. The lumber was not delivered. Suit was brought against Strader, and judgment recovered against him, and an execution issued upon which his real estate was levied and sold, but the proceeds were absorbed by prior liens. An alias fi. fa. was issued before the commencement of this suit, and returned…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
Only one of the thirteen assignments of error contains the specification required by the 7th and 8th rules, adopted on the 6th September, 1852, and published in 6 Harris 577. “ When the error assigned is to the charge of the Court, the part of the charge referred to must be quoted totidem verbis in the specification;” and, “ when the error assigned is to the admission or rejection of evidence, the specification must quote the full substance of the bill of exception, or copy the bill in immediate connexion with the specification.” “Any…
2Cases cited5 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Dow v. WhettenCourt for the Trial of Impeachments and Correction of Errors · 1831
- Isett v. HogeSupreme Court of Pennsylvania · 1833
- Coit & Pierpoint v. Commercial InsuranceNew York Supreme Court · 1811
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