Noble v. M'Clintock
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of assumpsit for goods sold and delivered, brought by Washington M’Clintock & Co. against Lewis Noble & Co. For a former report of this case, see 2 Watts <§• Serg. 152. On this trial the defendant’s counsel offered to read to the jury the opinion of the Supreme Court in this case.
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ERROR to the District Court of Allegheny county. This was an action of assumpsit for goods sold and delivered, brought by Washington M’Clintock & Co. against Lewis Noble & Co. For a former report of this case, see 2 Watts <§• Serg. 152. On this trial the defendant’s counsel offered to read to the jury the opinion of the Supreme Court in this case. This was objected to, and overruled by the Judge, who assigned the following reasons : “ On a late ineffectual attempt to try this cause, a use, or rather abuse, was made of that case which I cannot permit to be repeated. The opinion of the Supreme…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is, that the court below refused to permit the counsel of the plaintiffs in error, who were the defendants there, to read the opinion of the Supreme Court in this case, delivered on a former writ of error, reversing the opinion of the court below and awarding a venire facias de novo, saying, “to read it to the court was unnecessary, and to the jury improper.” And in connection with this may be taken the answer of the court below to the first point submitted by the counsel of the defendants, whereby the court was…
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