Funk v. Ely
Supreme Court of Pennsylvania
ERROR to the Common Pleas' of franklin county. This case came into the Common Pleas by appeal from the judgment of a justice of the peace, and was an action of assump-sit by John Ely and Solomon Ely, partners doing business as John & Solomon Ely, against Eranklin Eunk.
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ERROR to the Common Pleas' of franklin county. This case came into the Common Pleas by appeal from the judgment of a justice of the peace, and was an action of assump-sit by John Ely and Solomon Ely, partners doing business as John & Solomon Ely, against Eranklin Eunk. The declaration in the Common Pleas contained the common counts for goods, &c., sold and delivered, money lent and advanced, paid and received, and on an account stated; to which the defendant pleaded non assumpsit, payment, payment with leave, and defalcation and set-off, and plaintiff replied non solvit, no defalcation, and…
1Opinion of the Court
The opinion of the court was delivered,
by
WOODWARD, J.
If the juror, Gordon, were challenged for cause, and that cause was no more than that he was brother-in-law to one of the counsel of the defendant, it was a palpable error. If he was challenged peremptorily, after the peremptory challenges allowed by law had been exhausted, it was, if possible, even more erroneous. It is difficult to determine, from the conflicting statements before us, how the fact was, but it is immaterial, for whichever way the fact was, there was no exception to it. What was excepted to, was the court’s refusal to allow…
2Cases cited1 opinion
- Churchman v. SmithSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Commonwealth v. SegersSupreme Court of Pennsylvania · 1975
- Huffman Estate (No. 3)Supreme Court of Pennsylvania · 1944
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
- Tolentino v. BaileySuperior Court of Pennsylvania · 1974
- Scott v. BergdollSupreme Court of Pennsylvania · 1921
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