Smith v. Times Publishing Co.
Supreme Court of Pennsylvania
Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel.
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Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel. Before Gordon, J. The alleged libelous matter was contained in two articles, published in the “Times” on the second and third days…
1Opinion of the Court
Opinion by
Mb,. Justice Mitchell
The charge of the learned trial judge to the jury is not before us, and the assignments of error in regard to it must be dismissed for this reason. The filing of the stenographer’s notes of the charge, and printing it in the paper-book will not make it part of the record. It must affirmatively appear that the filing was the act of the judge himself, or by his express direction evidenced by his signature either to the charge itself or to the bill of exceptions. This has been so explicitly and so repeatedly decided within the last few years that it ought not to be…
2Cases cited12 opinions
- Haines v. LevinSupreme Court of Pennsylvania · 1866
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