Legal Opinion

Coleman v. Nantz

Supreme Court of Pennsylvania

Decided July 7, 1870PublishedCited by 4 opinions

Error to tbe District Court of Allegheny county: No. 48, to October and November Term 1869. This was an action of assumpsit by John Nantz and another, partners as Nantz & Herchenrother, against Columbus Coleman and others partners as Coleman, Forrester & Co. The writ was issued February 28th 1868. The plaintiffs filed a claim for lumber sold and delivered, amounting to $192.12.; The defendant’s filed an affidavit of defence to the whole of the plaintiffs’ claim, “ except…

Read the full summary

Error to tbe District Court of Allegheny county: No. 48, to October and November Term 1869. This was an action of assumpsit by John Nantz and another, partners as Nantz & Herchenrother, against Columbus Coleman and others partners as Coleman, Forrester & Co. The writ was issued February 28th 1868. The plaintiffs filed a claim for lumber sold and delivered, amounting to $192.12.; The defendant’s filed an affidavit of defence to the whole of the plaintiffs’ claim, “ except $122.77, with interest from November 17th 1867, for which judgment is hereby tendered.” On the 12th of June 1868 the…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

Williams, J. —

If we had 'more doubt than we have, as to the meaning of the rules under which the judgment for the amount admitted to be due in this case was entered, we should hesitate to overturn the construction which has been given to them by the. court below, and to disturb the practice which has prevailed under it for so long a period. Each court is the best judge of its own rules, and, as we have often said, we will not reverse for any construction given to them that is not palpably erroneous. ■ It is true that the rules, under…

2Cited by4 opinions

  1. Higgins Carpet Co. v. LatimerSupreme Court of Pennsylvania · 1895
  2. Stedman v. PoterieSupreme Court of Pennsylvania · 1891
  3. Livingston v. KerbaughSuperior Court of Pennsylvania · 1906
  4. Werner v. Werner Donaldson Transfer & Storage Co., Pennsylvania Court of Common Pleas, Alleghany County1972

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API