Helzer v. Helzer
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1898, by plaintiff, from judgment of O. P. York Co., on verdict for defendant. Assumpsit on a lost promissory note. Before W. F. Bay Stewart, J. Plaintiff’s statement alleged an indebtedness of $1,400, for wbicb a judgment note had been given before the death of plaintiff’s intestate, but which could not be found after bis death, for which reason a copy of the note could not be set forth in the statement.
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Appeal, No. 163, Jan. T., 1898, by plaintiff, from judgment of O. P. York Co., on verdict for defendant. Assumpsit on a lost promissory note. Before W. F. Bay Stewart, J. Plaintiff’s statement alleged an indebtedness of $1,400, for wbicb a judgment note had been given before the death of plaintiff’s intestate, but which could not be found after bis death, for which reason a copy of the note could not be set forth in the statement. The facts appear by the opinion of the Supreme Court. Plaintiff’s points and tbe answers thereto were as follows : 1. If the jury believe from tbe evidence that on…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
A matter of practice may be noticed preliminarily. The learned judge gave a binding direction to the jury to find for defendant, yet the assignments of error include several to the refusal of appellant’s points. These are wholly irrelevant to the case as presented here. A point, as said by our Brother Dean, in Malone v. R. R. Co., 157 Pa. 430, is “ to obtain from the court specific rulings on the law applicable to the facts,” It may be stated in positive form when the facts are undisputed, or hypothetically, as it must be where the facts are in contest — -if the…
2Cases cited1 opinion
- Malone v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Helzer v. HelzerSupreme Court of Pennsylvania · 1899