Patterson v. Groetzinger
Superior Court of Pennsylvania
Appeal, No. 74, April T., 1899, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 512, on verdict for defendants. Per curiam. Trespass.
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Appeal, No. 74, April T., 1899, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 512, on verdict for defendants. Per curiam. Trespass. Before White, P. J. It appears from the record that this was an action of trespass in which the plaintiff sought to recover of John Groetzinger, a constable, $1,500 damages on property levied on and sold as the property of William Rushway, which property it was claimed belonged to the said W. R. Patterson, plaintiff. The record failed to disclose that before verdict rendered defendant requested that the charge be reduced to writing…
1Opinion of the Court
Per Curiam,
The defendant moves to quash the plaintiff’s appeal upon the ground that the charge, which is the basis of all the assignments of error, is not properly on the record. Not only was there no request before verdict rendered that the charge be reduced to writing and filed of record, but the record fails to show that it was filed by the direction of the trial judge. Indeed, neither the charge nor the testimony duly certified by him is attached to the record sent up to us. We are, therefore, compelled to disregard the assignments and affirm the judgment or to sustain the defendant’s…
2Cases cited1 opinion
- Curtis v. WinstonSupreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Glenn v. StricklandSuperior Court of Pennsylvania · 1902