Dotterer v. Scott

Citations

• 29 Pa. Super. 553
• 1905 Pa. Super. LEXIS 377

Syllabus

<p>Debtor and creditor — Payment—Mistake.</p> <p>Where a debtor is ignorant of the full amount due to his creditor, and relies upon misstatement of facts by the creditor, and pays an amount in excess of the real debt, he may subsequently recover from his creditor, the amount of such excess.</p> <p>Appeals — Assignments of error — Rulings on evidence — Instruction.</p> <p>An assignment of error which includes a refusal of a point, and also the refusal of the court below to permit the call of additional jurymen, is in violation of rule 15.</p> <p>When error assigned is to the charge of the court or to answers to points or to findings of fact or law, the part of the charge or the points and answers or findings referred to must be quoted totidem verbis in the assignment.</p> <p>An assignment of error will not be considered which does not quote the judge’s answer to a point totidem verbis, although it contains the point.</p> <p>Practice, C. P. — Trial—Jurors.</p> <p>Where a case is called for trial, and the defendant and his counsel not appearing, a jury is sworn, the defendant cannot, when the case is proceeded with on the following day, demand that eight more jurors shall be called so that he might have an opportunity of challenging four. In such a case the defendant waived his’right by failing to appear on the day the case was set down for trial.</p>