Legal Opinion

Jones v. Weir

Supreme Court of Pennsylvania

Decided April 1, 1907No. Appeal, No. 52PublishedCited by 7 opinions

Appeal, No. 52, Jan. T., 1906, by defendant, from decree of C. P. York Co., Aug. T., 1905, on bill in equity in case of Simeon M. Jones v. Thomas Weir. Bill in equity to dissolve a partnership and for a receiver.

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Appeal, No. 52, Jan. T., 1906, by defendant, from decree of C. P. York Co., Aug. T., 1905, on bill in equity in case of Simeon M. Jones v. Thomas Weir. Bill in equity to dissolve a partnership and for a receiver. See Jones v. Weir, 213 Pa. 135. From the record it appeared that defendant bought the York Candy Company’s factory for $51,000 worth of the American Stogie Company’s stock at par, paying no cash, but giving a mortgage on Altoona property for $20,000. Weir induced Jones to agree to pay $25,500 for a half interest in this property, and enter into partnership and pay $5,000 more towards…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The record in this case does not show that any assignments of error have been filed by the appellant, as required by rule 11. It is true that he filed in the court below a brief statement of errors, in accordance with equity rule 92, which statement has been substituted in the place of the assignments of error. But rule 92, by its terms, contemplates the filing of assignments of error in the appellate court, notwithstanding the fact that a statement of errors has been filed in the court below. This was expressly pointed out in Croasdale v. Von Boyneburgk, 206 Pa.…

2Cases cited10 opinions

  1. Richards v. ToddMassachusetts Supreme Judicial Court · 1879
  2. Byers v. ByersSupreme Court of Pennsylvania · 1904
  3. Ingraham v. FosterSupreme Court of Alabama · 1857
  4. Smith v. EverettMassachusetts Supreme Judicial Court · 1879
  5. Sloan v. MooreSupreme Court of Pennsylvania · 1860

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3Cited by7 opinions

  1. Union Nat. Bk. of Ptgh. v. CrumpSupreme Court of Pennsylvania · 1944
  2. Knapp v. First Nat. Bank & Trust Co. of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1946
  3. Fitzpatrick v. RoganWyoming Supreme Court · 1922
  4. Fouse v. ShellyWest Virginia Supreme Court · 1908
  5. First Pennsylvania Savings Ass'n v. Four Seasons Racquet Club, Inc.Superior Court of Pennsylvania · 1981

2 more not listed; retrieve them via the Exa API.

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