Lowrey v. Robinson
Supreme Court of Pennsylvania
APPEAR BY DEFENDANT FROM THE COUBT OF COMMON PLEAS OF LACKAWANNA COUNTY. July Term 1890, Sup. Ct.; court below, No. 571 June Term 1887, C. P. On June 9,1887, an appeal by the plaintiff was entered from the judgment of a justice of the peace in an action of assumpsit by C. S. Lowrey against B. S. Robinson, administrator of C. S. Robinson, deceased, to recover the sum of $40, alleged to have been loaned by tlie plaintiff to the defendant’s decedent some time in the year 1875.…
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APPEAR BY DEFENDANT FROM THE COUBT OF COMMON PLEAS OF LACKAWANNA COUNTY. July Term 1890, Sup. Ct.; court below, No. 571 June Term 1887, C. P. On June 9,1887, an appeal by the plaintiff was entered from the judgment of a justice of the peace in an action of assumpsit by C. S. Lowrey against B. S. Robinson, administrator of C. S. Robinson, deceased, to recover the sum of $40, alleged to have been loaned by tlie plaintiff to the defendant’s decedent some time in the year 1875. On February 18th, tlie defendant pleaded non-assumpsit, and the statute of limitations. At the trial on December 6,…
1Opinion of the Court
*194Opinion,
Mr. Justice McCollum:
The refusal of the trial court to strike out evidence received without objection, or to enter a compulsory nonsuit, is not reviewable here, and upon this ground the first, second, and fifth specifications of error are dismissed: Montgomery v. Cunningham, 104 Pa. 349; Schubkagel v. Dierstein, 131 Pa. 46.
The third, fourth, and sixth specifications may be considered together, as they raise substantially the same question.
In 1887, Lowrey brought this action against Robinson’s administrator to recover forty dollars, which he alleges he loaned to Robinson in 1875.…
2Cases cited2 opinions
- Schubkagel v. DiersteinSupreme Court of Pennsylvania · 1890
- Montgomery v. CunninghamSupreme Court of Pennsylvania · 1883
3Cited by11 opinions
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- American University v. ToddSuperior Court of Delaware · 1938
- Fix's EstateSuperior Court of Pennsylvania · 1940
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