Schrimpton v. Bertolet
Supreme Court of Pennsylvania
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…
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