Gardner v. Bitner
Superior Court of Pennsylvania
Appeal, No. 240, Oct. T., 1913, by defendant, from judgment of C. P. Centre Co., Sept. T., 1912, No. 107, on verdict for plaintiff in case of W. H. Gardner v. J. A. Bitner. Trespass for deceit. Before Orvis, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $125. Defendant appealed.
Read the full summary
Appeal, No. 240, Oct. T., 1913, by defendant, from judgment of C. P. Centre Co., Sept. T., 1912, No. 107, on verdict for plaintiff in case of W. H. Gardner v. J. A. Bitner. Trespass for deceit. Before Orvis, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $125. Defendant appealed. Errors assigned were (1-6) in not affirming certain points alleged to have been submitted at the trial; (8) in refusing a nonsuit and defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Trexler, J.,
All the assignments of error in this case might be disregarded, except the one that is directed to the point reserved by the court. The defendant complains that the court neither affirmed nor denied a number of points submitted. The record discloses that none were pre*108sented and therefore we have nothing before us in this regard. We have no evidence that the points were submitted and disregarded by the court. If such were presented at the trial, then it would be the duty of the attorney to call the court’s attention to its inadvertence in not answering them. In justice to…
2Cases cited3 opinions
- Pierce v. BarneySupreme Court of Pennsylvania · 1904
- Spencer v. ConradSuperior Court of Pennsylvania · 1910
- McAllister v. MorganSuperior Court of Pennsylvania · 1905