Livingston v. School Board

Citations

• 15 Pa. Super. 358
• 1900 Pa. Super. LEXIS 357

Syllabus

<p>Appeals — Effect of a venire facias de novo.</p> <p>A trial de novo does not mean a trial on appeal with nothing but the record to correct errors, but is a trial on the entire case anew.</p> <p>The appellate court adjudicates on what is before it, and sometimes remands with instructions, but it does not undertake to mold the pleadings preparatory to trial below.</p> <p>Municipal law — Warrants of school board not negotiable — Question for jury.</p> <p>Orders drawn by the president of a board of school directors on the treasurer of a school district are not negotiable bills or orders, but mere warrants for the payment of money to the persons to whom they are issued to be disbursed by the treasurer under authority of law.</p> <p>A warrant having been assigned, as alleged by the use plaintiff, in a suit brought not on the warrant, but the contract back of it, the appellate court will not disturb the judgment of the court below where, despite some irregularities in the record, the case was tried and fairly left to the jury on the issue made by the parties as embodied in points which were the converse of each other, both of which were affirmed and which left to the determination of the jury the crucial question, whether or not, under all the evidence in the case, the legal plaintiff had received all the money due it from the use plaintiff on the warrant which was the subject of suit and of which the use plaintiff was the assignee.</p>