Burkholder v. Stahl
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: to May Term 1869. No. 76. This was an action of trespass q. c.f., brought May 18th 1867, by Henry H. Stahl and others against Moses Burkholder and others. This case being one in which the Supreme Court has interpreted and enforced its rules (6 Harris 578) in reference to the assignment of errors, &c., without discussing the merits it has been thought proper to report it here out of its chronological and local order.
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Error to the Court of Common Pleas of Somerset county: to May Term 1869. No. 76. This was an action of trespass q. c.f., brought May 18th 1867, by Henry H. Stahl and others against Moses Burkholder and others. This case being one in which the Supreme Court has interpreted and enforced its rules (6 Harris 578) in reference to the assignment of errors, &c., without discussing the merits it has been thought proper to report it here out of its chronological and local order. For the same reason a statement of the facts is unnecessary. The defendants submitted the following points: 1. If the jury…
1Opinion of the Court
The opinion of the court was delivered, July 6th 1869, by
Thompson, C. J.
The defendants in error in effect demur to the pleadings in this writ of error, for want of conformity to the rules of court providing for the assignment of errors: 6 Harris 578; and claim that they are not bound to notice them, on the authority of the last clause of Rule 8, which says, “ any assignment of error not according to this and the last rule will be held the same as none.” These rules require that in assigning errors to the charge of the judge, they are to be in totidem verbis, and that when “ to the admission…
2Cases cited1 opinion
- Thompson v. M'ConnellSupreme Court of Pennsylvania · 1856
3Cited by13 opinions
- Murtland v. EnglishSupreme Court of Pennsylvania · 1906
- Kaufman v. PittsburgSupreme Court of Pennsylvania · 1904
- Fedorawicz v. Citizens' Electric Illuminating Co.Supreme Court of Pennsylvania · 1914
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
- Weiss v. Swift & Co.Superior Court of Pennsylvania · 1908
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