Legal Opinion

Corcoran & Co. v. Trich

Supreme Court of Pennsylvania

Decided November 11, 1887No. 161, W. DPublished

October Term, 1887, No. 161, W. D., before Gordon, Oh. J., Panson, Sterrett, Green, and Williams, JJ. Error to the Common Pleas No. 2 of Allegheny County to review a verdict for plaintiff in an action on the case. This was an action on the case by Ann Trich, against James G. Corcoran and R. R. Gumbert, as partners, to recover from them for the boarding of their workmen at their instance and request, as she alleged.

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October Term, 1887, No. 161, W. D., before Gordon, Oh. J., Panson, Sterrett, Green, and Williams, JJ. Error to the Common Pleas No. 2 of Allegheny County to review a verdict for plaintiff in an action on the case. This was an action on the case by Ann Trich, against James G. Corcoran and R. R. Gumbert, as partners, to recover from them for the boarding of their workmen at their instance and request, as she alleged. She filed an affidavit of claim with a bill of particulars setting out her claim in detail. Both defendants were served. As to Corcoran, no appearance was entered, no plea pleaded,…

1Opinion of the Court

Opinion by

Mb. Justice Green:

In this cas.e a writ of summons was issued against two as partners. Both defendants were served. As to one of them no appearance was entered, no plea was pleaded, and of course no issue was joined. The jury were sworn generally as to both de: fendants, under objection but without exception; a verdict was taken and judgment entered against both. Error is now assigned to the entry of the joint judgment; and as all the matters above stated appear upon the record, we are bound to take notice of it.

The question as to the validity of this judgment is clearly ruled by the…

2Cases cited1 opinion

  1. Donnelly v. GrahamSupreme Court of Pennsylvania · 1875

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