Massey v. Bohn

Endlich, P. J.,

— When the record in this case, removed to the Supreme Court for review of the decree of this court opening the judgment entered therein, came back (see Massey v. Massey, 267 Pa. 239), the parties agreed, and the court thereupon ordered, that in the issue to be tried the note on which judgment was entered should stand as plaintiff’s statement of claim, that plaintiff be required to prove execution and delivery of the note, and that the defendants defend as on the plea of non-assvmpserunt. Upon the conclusion of the evidence at the trial, both parties asked for binding *654instructio…