Sydney v. Linton
Supreme Court of Pennsylvania
Appeal, No. 59, Oct T., 1906, by defendant, from order of C. P. Armstrong Co., June T., 1897, No. 63, refusing to take off nonsuit in case of Algernon Edward Sydney, Ancillary Administrator of Samuel Lewis, to use of H. A. Colwell v. Elwina Linton. Foreign attachment in assumpsit. Before Smith, P. J., specially presiding. The opinion of the Supreme Court states the case. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
Following a suggestion made by this court when the case was here last (207 Pa. 320) the learned judge below on petition, answer and rule to show cause, awarded an issue to determine what payments had been made on the judgment, by the defendant or by her co-obligor, for which she was entitled to credit. This issue was framed by the court September 10, 1904, and was put on the trial list for December term of that year, but the plaintiff in the issue, present appellant, failing to appear it was continued to the March term, 1905, when it was again continued on appellant’s application,…
2Cases cited1 opinion
- Lewis v. LintonSupreme Court of Pennsylvania · 1904