Ripka v. Mutual Fire Insurance

Citations

• 36 Pa. Super. 517
• 1908 Pa. Super. LEXIS 198

Syllabus

<p>Appeals — Practice, Supreme Court — Evidence—Judge’s certificate of approval — Diminution of record.</p> <p>Where the transcript of the notes of testimony and charge are properly certified, approved and filed, but a carbon copy of the transcript without the judge’s approval noted thereon, is sent up with the record, the appellant may after motion to quash, bring up the original transcript with the approval of the court below, and file it with the record with the approval of the appellate court; and the result of such action will be the same as that which would have been reached by the more formal proceeding of suggestion of diminution of record.</p> <p>Appeals — Practice, Supreme Court — Bond—Filing bond — Approval of bond.</p> <p>Where a bond in appeal is marked and filed by the prothonotary of the court below, and no objection is made to the bond in the court below, the appellate court will not entertain a motion to quash because the record does not affirmatively show that the bond was approved by the prothonotary in the court below. The fact that the prothonotary personally filed the bond and attested that act by his own signature raises the presumption that he approved the bond.</p> <p>Appeals — Paper-book—Statement of question involved.</p> <p>A “statement of question involved” covering about seventeen lines of appellant’s paper-book, does not violate the rule as to length.</p> <p>Appeals — Assignments of error — Evidence—Nonsuit—Distinct rulings.</p> <p>. Assignments of error to the admission of evidence will be dismissed where the evidence admitted under the offers is not quoted in the assignments, and no reference is made to the page of the paper-book where it may be found.</p> <p>The overruling of a motion for compulsory nonsuit is not assignable for error.</p> <p>A specification of error relating to two distinct rulings does not conform with rule XIV.</p> <p>Insurance — Fire insurance — Principal and agent — Estoppel.</p> <p>An agent duly authorized to