Carey v. Buckley
Supreme Court of Pennsylvania
Appeal, No. 33, Jan. T., 1899, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1895, No. 1100, on verdict for defendant. Scire facias sur mortgage. Before Bbégy, J. The facts appear by the opinion of the Supreme Court. Errors assigned were refusal of various points and portion of charge sufficiently set forth in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The plaintiff presented seven points for charge but the judge without reading them to the jury declined to affirm them, preferring to state the law to the jury in his own terms. This was entirely within Ms discretion, and appellant “ has no cause of complaint if the charge contained nothing erroneous, and omitted nothrng favorable to him which the points properly called for: ” Kroegher v. McConway Co., 149 Pa. 444.
To determine these questions we must look at the issue and the course of the trial. Appellant sued on a mortgage for $2,500, put the mortgage in…
2Cases cited1 opinion
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
3Cited by8 opinions
- Commonwealth v. McMurraySupreme Court of Pennsylvania · 1901
- Clay v. Western Maryland RailroadSupreme Court of Pennsylvania · 1908
- Davis v. Continental Ins.Superior Court of Pennsylvania · 1915
- Simplex Steel Products Co. v. GolemanSuperior Court of Pennsylvania · 1938
- Muthersbaugh v. McCabeSuperior Court of Pennsylvania · 1903
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