Legal Opinion

Kalin v. Wehrle

Superior Court of Pennsylvania

Decided May 14, 1908No. Appeal, No. 145PublishedCited by 4 opinions

Appeal, No. 145, April T., 1908-, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 89, on verdict for plaintiff in case of Theresia W. Kalin v. Andrew Wehrle. Assumpsit for money alleged to have been stolen.

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Appeal, No. 145, April T., 1908-, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 89, on verdict for plaintiff in case of Theresia W. Kalin v. Andrew Wehrle. Assumpsit for money alleged to have been stolen. Before Brown, P. J. The court charged in part as follows: This is an action brought by Mrs. Kalin against her brother, Mr. Wehrle, to recover $672.50, with interest from about January 25, 1891. She alleges that that sum of money was in her possession in the home where they both lived, and on Sunday, while at church, it was taken by the defendant. He admits…

1Opinion of the Court

Opinion by

Beaver, J.,

■ The appeal here is from a judgment entered upon a verdict rendered by a jury against the defendant in an action of assumpsit to recover money alleged to have been stolen by the appellant, from the appellee more than twelve years before the date of suit. '

There are five alleged assignments of error, none of which can be sustained. The first is thus stated: “The court erred in permitting appellee to testify to matters, contained, in a memo^ randum which was not made by the appellee, or at her direction.” This assignment is in violation of Rule XVI: “When the error…

2Cases cited3 opinions

  1. Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
  2. Smith v. BlachleySupreme Court of Pennsylvania · 1901
  3. Estate of ClaghornSupreme Court of Pennsylvania · 1897

3Cited by4 opinions

  1. Deemer v. Weaver, Exrx.Supreme Court of Pennsylvania · 1936
  2. Flach v. Integrity Trust Co.Superior Court of Pennsylvania · 1938
  3. Commonwealth v. CummingsSuperior Court of Pennsylvania · 1911
  4. Henderson's EstatePennsylvania Orphans' Court, Philadelphia County · 1937

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