Curtis v. Winston
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1898, by defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 674, on verdict for plaintiff. Assumpsit to recover a salary. Motion to quash appeal. In this case no formal bill of exceptions was filed. The cause was tried May 11, 1897, and a verdict for $1,714.95 rendered for the plaintiff.
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Appeal, No. 308, Jan. T., 1898, by defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 674, on verdict for plaintiff. Assumpsit to recover a salary. Motion to quash appeal. In this case no formal bill of exceptions was filed. The cause was tried May 11, 1897, and a verdict for $1,714.95 rendered for the plaintiff. On'July 17, 1897, the court appended to the stenographic notes this certificate: “I hereby certify that the foregoing is a full and accurate transcript of the stenographer’s notes of trial and the charge of the court in said case, as tried before me on the 11th…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
This was an action of assumpsit, in which there was a verdict and judgment in the sum of $1,714.95 for plaintiff, and defendants appeal. Plaintiff’s counsel move to quash the appeal, because there was no exception in the court below to rulings on evidence or to the charge; and further, no request by counsel for appellants to the court, before verdict, for an order directing the charge to be made matter of record for purposes of enabling them to except thereto.
Should this motion prevail ? The Act of February 24,1806, P. L. 334, section 25, provides : “If either party…
2Cases cited5 opinions
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Rosenthal v. EhrlicherSupreme Court of Pennsylvania · 1893
- Janney v. HowardSupreme Court of Pennsylvania · 1892
- Fries v. NullSupreme Court of Pennsylvania · 1893
- Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
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- Commonwealth v. CorrieSupreme Court of Pennsylvania · 1930
- Commonwealth v. BradleySuperior Court of Pennsylvania · 1901
- Lindsay v. DuttonSupreme Court of Pennsylvania · 1910
- Ward v. Babbitt, Inc.Supreme Court of Pennsylvania · 1921
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