Woodlawn Park Cemetery Co. v. Tangerman

The writ of error herein was taken to a judgment for the defendant in an action of assumpsit on common counts. The court stated in the charge to the jury that a plea of the general issue was filed in the cause but it does not appear in the record. There were special pleas' of set off and counter claim, and also a plea of the three-year statute of limitations. Plaintiff in error presents and argues two questions, viz.:. “1. Whether the plaintiff in this cause is entitled to a new trial under the evidence adduced and the law applicable thereto in this case?

“2. Does the following charge…