Croskey v. Coryell
Supreme Court of Pennsylvania
This was a writ of érror to the District Court for the City and County of Philadelphia, to remove the record of an action brought by Eliza Croskey, and Joseph A. Clay, copartners, trading as lumber merchants, under the firm of Ashmead & Croskey, against Henry L. Coryell; and Náthaniel Jackson.
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This was a writ of érror to the District Court for the City and County of Philadelphia, to remove the record of an action brought by Eliza Croskey, and Joseph A. Clay, copartners, trading as lumber merchants, under the firm of Ashmead & Croskey, against Henry L. Coryell; and Náthaniel Jackson. The action was a scite facias on a mechanic’s lien, filed on the 30th of July, 1833, against a certain dwelling house and store, or other building, with the lot thereunto appertaining, situate on the north side of Market street, at the distance óf 224 feet east from the east side of Schuylkill Sixth…
1Opinion of the Court
The opinion of the court was "delivered by
Kennedy, J.
All the errors assigned here seem to grow out of the construction put by the judge of the District Court upon the agreement of the 16th of May, 1832, which was given in evidence on the trial of the cause. If the agreement were susceptible of no other construction than that given by the judge in his charge to the jury, we are not prepared to say that his instruction on the other matters excepted to, could have been considered erroneous. We however think that his honour erred in directing the jury, that if they should be of opinion from the…
2Cited by1 opinion
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