Smaltz v. Ryan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county : Of July Term, 1885, No. 129. In this ease a lien was filed against ten houses for digging cellars, and the defendant entered security under the Act of Assembly, and had the lien removed.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county : Of July Term, 1885, No. 129. In this ease a lien was filed against ten houses for digging cellars, and the defendant entered security under the Act of Assembly, and had the lien removed. After the security was entered, for the purpose of saving costs in suing out ten writs of sei.fa., the following agreement was signed by the counsel:— “ It is hereby agreed by and between plaintiff and defendant, that defendant shall file a plea of ‘payment’ in this case, in which a bond has been entered, and the case shall be tried on that…
1Opinion of the CourtJustice Trunkey
The parties agreed that the defendant should file a plea of payment, and that the-case should be tried on that plea with the same effect as to determining whether any and what amount is due and unpaid, as though scire facias had been issued.
At the trial the' defendant, claimed the right to begin and conclude, and- was allowed to first adduce his evidence, the court reserving the question as to the right to begin and conclude in summing up. The defendant’s testimony tended to prove that the plaintiff had wantonly and maliciously delayed the work to the damage of the defendant; and the…
2Cases cited2 opinions
- Roop v. BrubackerSupreme Court of Pennsylvania · 1829
- Erwin v. LeibertSupreme Court of Pennsylvania · 1842