King v. Burns
Superior Court of Pennsylvania
Appeal, No. 71, April T., 1916, by defendant, from judgment of C. P. Erie Co., Sept. T., 1913, No. 447, on verdict for plaintiffs in case of E. W. King and Ered Koehler, Trustees of the Estate of Jackson Koehler, deceased, v. James H. Burns and Wellington Downing. Issue to determine the amount due on a judgment. Before Walling, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 71, April T., 1916, by defendant, from judgment of C. P. Erie Co., Sept. T., 1913, No. 447, on verdict for plaintiffs in case of E. W. King and Ered Koehler, Trustees of the Estate of Jackson Koehler, deceased, v. James H. Burns and Wellington Downing. Issue to determine the amount due on a judgment. Before Walling, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: It seems at that time Mr. Burns was engaged in conducting a restaurant or saloon in this city, and he sold. out his saloon in 1895, in August. And his son, Prank…
1Opinion of the Court
Opinion by
Tkexler, J.,
The only question is whether there was sufficient evidence to show that the judgment note in question had been settled or paid for. The note was dated May 19, 1891, payable three months after date. It was not entered of record until October 25,1913. The court below opened the judgment and submitted the question to the jury as to whether there was anything due upon the note. Some assignments are directed to the admission of testimony but as no exceptions were filed, we need not consider them. See Daly’s Est., 55 Pa. Superior Ct. 488; *560Green & Co. v. Thompson, et al., 172…
2Cases cited6 opinions
- Diamond v. TobiasSupreme Court of Pennsylvania · 1849
- Commonwealth v. SpencerSuperior Court of Pennsylvania · 1898
- N. Green & Co. v. ThompsonSupreme Court of Pennsylvania · 1896
- Rehm v. FrankSuperior Court of Pennsylvania · 1901
- Daly's EstateSuperior Court of Pennsylvania · 1913
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