Janney v. Howard
Supreme Court of Pennsylvania
Appeal, No. 212, Jan. T., 1892, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1891, No. 871, for plaintiff, in sheriff’s interpleader to try title to personal property levied on by defendant as the property of one Kelly and claimed by plaintiff. The facts appear by the opinion of the Supreme Court. The evidence was conflicting as to the date of the bill of sale.
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Appeal, No. 212, Jan. T., 1892, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1891, No. 871, for plaintiff, in sheriff’s interpleader to try title to personal property levied on by defendant as the property of one Kelly and claimed by plaintiff. The facts appear by the opinion of the Supreme Court. The evidence was conflicting as to the date of the bill of sale. Defendant offered evidence to prove that it was May 21 originally and that'it had been changed to May 25. It was admitted that on May 23, plaintiff sent to defendant an order for horse feed in Kelly’s name, but…
1Opinion of the Court
Opinion by
Mb. Justice Heyebick,
At the argument leave was asked to file an additional-assignment of error, and this request was opposed on the ground that exception had not been taken in the court below to the portion of the charge which was the subject of the proposed assignment. No formal bill of exceptions is to be found in the record, nor is there anjr other means of ascertaining the truth about which the counsel differ. This, however, is immaterial. The office of the bill of exceptions is to bring upon the record that which otherwise would not appear, and consequently could not be noticed…
2Cases cited8 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Garretson v. Hackenberg, Pennsylvania Court of Common Pleas, Potter County1891
- Wheeler v. WinnSupreme Court of Pennsylvania · 1866
- Barr v. ReitzSupreme Court of Pennsylvania · 1867
- Boyle v. RankinSupreme Court of Pennsylvania · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897
- Curtis v. WinstonSupreme Court of Pennsylvania · 1898
- Commonwealth ex rel. Arrott Steam Power Mills Co. v. ArnoldSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Turk v. AsheSuperior Court of Pennsylvania · 1950
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
7 more not listed; retrieve them via the Exa API.