Chartiers & Robinson Turnpike Co. v. McNamara
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 70, to October and November Term 1871. This was an action of assumpsit, brought August 9th 1871, by Bridget McNamara against The Chartiers and Robinson Turnpike Road Company. The declaration was in the common counts, and the cause of action was work done by plaintiff in stoning the turnpike road of the defendants.
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Error to the District Court of Allegheny county: No. 70, to October and November Term 1871. This was an action of assumpsit, brought August 9th 1871, by Bridget McNamara against The Chartiers and Robinson Turnpike Road Company. The declaration was in the common counts, and the cause of action was work done by plaintiff in stoning the turnpike road of the defendants. The plaintiff having given evidence to sustain her claim, the defendant offered in evidence a written contract, dated April 24th 1868, between the company and one John Glen and the defendant, “ for the purpose of showing a…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
It appears in the hill of exceptions in this case, that the defendants offered in evidence a special written contract, dated April 24th 1868, for the performance of the work done by the plaintiff. Objection to its reception in evidence was made li because the paper is not stamped as required by the Act of Congress.” The paper being unstamped, the court rejected the evidence. The single question is whether the Act of Congress justified the court in rejecting the paper as evidence. Under this *280bill, no question arises upon the validity of the…
2Cases cited1 opinion
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Bryan v. First National BankSupreme Court of Pennsylvania · 1903
- Hunter v. ForsythSupreme Court of Pennsylvania · 1903
- Neel v. Mercer County, Pennsylvania Court of Common Pleas, Mercer County1947
- Pine Grove National Bank v. Dietrich, Pennsylvania Court of Common Pleas, Schuylkill County1926