Evans v. Reed
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1875, No. 44. This action was originally account render, brought to November Term 1869 of the court below, by Jacob Evans against George K. Reed and.Julius Levy, “ late partner with the plaintiffs.” On the 17th of October 1871, the court allowed the plaintiff to strike out the name of Levy as one of the defendants.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1875, No. 44. This action was originally account render, brought to November Term 1869 of the court below, by Jacob Evans against George K. Reed and.Julius Levy, “ late partner with the plaintiffs.” On the 17th of October 1871, the court allowed the plaintiff to strike out the name of Levy as one of the defendants. The case was tried before Hayes, J., against Reed alone, August 28th 1872. On this trial Evans, the plaintiff, and Reed, the defendant, were both examined as witnesses. A verdict was rendered for the plaintiff; the…
1Opinion of the CourtJustice Mercur
This action was not brought by or against an executor, administrator or guardian. It does not, therefore, fall within the proviso to the first section of the Act of 15th April 1869. It differs from any case which has preceded it. It was an action between parties in their own right.
On the first trial of the case, involving the same subject-matter, but where the action was in a different form, parties had testified and their testimony had been reduced to writing. The verdict then rendered had been set aside and the form of action *417subsequently changed by leave of the court. After that verdict…
2Cases cited1 opinion
- Moore v. PearsonSupreme Court of Pennsylvania · 1843
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