Tuttle v. Mechanics & Tradesman's Loan Co.
Supreme Court of Pennsylvania
This was a special action upon the case, brought by Edward Tuttle against the Mechanics and Tradesman’s Loan Company of Philadelphia, for refusing to permit the transfer on the books of the company, of fifty shares of the capital stock of the company, under a power of attorney from J. P. Norris to the plaintiff. The stock stood in the name of Mr. Norris on the books of the company.
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This was a special action upon the case, brought by Edward Tuttle against the Mechanics and Tradesman’s Loan Company of Philadelphia, for refusing to permit the transfer on the books of the company, of fifty shares of the capital stock of the company, under a power of attorney from J. P. Norris to the plaintiff. The stock stood in the name of Mr. Norris on the books of the company. On the trial of the case, before his Honour Judge Sergeant, at a Court of Nisi Prius, held at Philadelphia on the 17th of November, 1840, the plaintiff produced the following, affidavit and rule of court, made by…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeawt, J.
When the court in bank have, under the provisions of the act of assembly of the 27th February, 1798, made an order on the defendants to produce at the trial certain writings specified, the judge at Nisi Prius cannot inquire whether they are pertinent to the issue, or whether they would or would not be evidence, if produced. The order of the court is peremptory and conclusive on these points. It is when the rule is about being granted, that the party should make his objections, if he relies upon them; and if they *219are valid, the rule will be…
2Cases cited1 opinion
- Wright v. CraneSupreme Court of Pennsylvania · 1826
3Cited by4 opinions
- Gilpin v. HowellSupreme Court of Pennsylvania · 1846
- London Guarantee & Accident Co. v. Doyle & DoakU.S. Circuit Court for the District of Eastern Pennsylvania · 1905
- Cummings' AppealSupreme Court of Pennsylvania · 1854
- N. E. Henderson & Son, Inc. v. F. H. Smith Co., Pennsylvania Court of Common Pleas, Philadelphia County1931