Fowler v. Goldsmith

The opinion of the. Court was delivered by

Mr. Justice Watts.

This case was commenced on January 30, 1923, by the service of a summons and complaint. Subsequent thereto and before trial the plaintiff, J. R. Kellett, died, and his administrator, J. W. Fowler, was substituted as plaintiff in the case by an order, of the Court. The case came on for trial at the April term, 1924, Court of Common Pleas before his Flonor, Judge E. C. Dennis, and a jury. The presiding Judge directed a verdict for the defendant and within due time notice of intention to appeal to the Supreme Court was served on the…