Roscoe v. Browne
Superior Court of Pennsylvania
Appeal, No. 202, Oct. T., 1907, by Samuel C. Browne and William Anderson, Jr., from judgment of C. P. No. 3, Phila. Co., Dec. T., 1902, No. 448, on verdict for plaintiffs in case of James Roscoe and Samuel Bishop, trading as Roscoe & Bishop, v. William Browne, Samuel C. Browne, Bernard S. Browne and William Anderson, Jr., copartners, late trading as The Phcenix Mills Company. Assumpsit on a contract. The opinion of the Superior Court states the case.
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Appeal, No. 202, Oct. T., 1907, by Samuel C. Browne and William Anderson, Jr., from judgment of C. P. No. 3, Phila. Co., Dec. T., 1902, No. 448, on verdict for plaintiffs in case of James Roscoe and Samuel Bishop, trading as Roscoe & Bishop, v. William Browne, Samuel C. Browne, Bernard S. Browne and William Anderson, Jr., copartners, late trading as The Phcenix Mills Company. Assumpsit on a contract. The opinion of the Superior Court states the case. Verdict and judgment for plaintiffs for $776.74. William Browne and Samuel C. Browne appealed. Error assigned was in entering judgment on the…
1Opinion of the Court
Opinion by
Beaver, J.,
If the statement of the question involved contained all the facts and circumstances essential to the understanding of this case, it could be disposed of without difficulty under Miller’s Estate, 159 Pa. 562. The second paragraph of that statement presents the case as argued and relied upon by the appellants: “ Where two of four defendants have not been served and have not appeared nor pleaded nor taken any part in the cause except to appear as witnesses, can a judgment be properly entered against all the defendants upon a verdict in favor of plaintiffs?” In support of the…
2Cases cited4 opinions
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Borough v. RoehmeSupreme Court of Pennsylvania · 1900
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Southern Building & Loan Ass'n v. Pennsylvania Fire InsuranceSuperior Court of Pennsylvania · 1903