Legal Opinion

Schrimpton v. Bertolet

Supreme Court of Pennsylvania

Decided May 31, 1893No. Appeal, No. 362PublishedCited by 5 opinions

Appeal, No. 362, Jan. T., 1893, by defendant, D. W. Bertolet, from judgment of C. P. Lancaster Co., Aug. T., 1891, No. 139, on verdict for plaintiffs, Alfred Schrimpton & Sons. Assumpsit for goods sold and delivered. Appeal from aider-man.

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Appeal, No. 362, Jan. T., 1893, by defendant, D. W. Bertolet, from judgment of C. P. Lancaster Co., Aug. T., 1891, No. 139, on verdict for plaintiffs, Alfred Schrimpton & Sons. Assumpsit for goods sold and delivered. Appeal from aider-man. From the record it appeared that the case was set down for trial for the week beginning Jan. 30,1893. The case was called for tri'al on Feb. 3, 1893, and counsel for both parties agreed to continue the case by consent under the following rule of court: “ Section 2. No cause after being placed on the trial list shall be continued more than once by consent of…

1Opinion of the Court

Opinion by

Me. Justice Geeen,

The entry on the record of the trial of this case states that, *640“ the parties not being ready to proceed bjr reason of the absence of witnesses, agreed to continue by consent, the case never having been continued by consent and the written rule of court permitting one continuance by consent. The judge presiding refused to permit a continuance by consent and ordered trial to proceed.” The rule of court of the common pleas of Lancaster county on this subject is as follows : “ Section 2. No cause after being placed on the trial list, shall be continued more than once…

2Cases cited2 opinions

  1. Brennan's EstateSupreme Court of Pennsylvania · 1870
  2. In re the Division of North Whitehall TownshipSupreme Court of Pennsylvania · 1864

3Cited by5 opinions

  1. Stamey v. BarkleySupreme Court of Pennsylvania · 1905
  2. Huntingdon County LineSuperior Court of Pennsylvania · 1899
  3. Du Bois v. Du Bois, Pennsylvania Court of Common Pleas, Montgomery County1935
  4. Smith v. Smith, Pennsylvania Court of Common Pleas, Schuylkill County1931
  5. Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897

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