Rodovinsky v. Roxford Knitting Co.

Citations

• 5 Pa. Super. 636
• 1897 Pa. Super. LEXIS 296

Syllabus

<p>Practice, Superior Court — Pleadings—Assignments of error.</p> <p>Adequate pleadings are as necessary in the appellate courts as in the courts of first instance. The assignment of errors, when filed, constitutes the declaration of the appellant and specifies the errors alleged to have been committed by the trial court. Each error must be specified separately and distinctly, and to these the appellee should plead or demur, as the circumstances may warrant. In this way questions are properly presented for review.</p> <p>An appellate court may, in its discretion, consider jurisdictional or other fundamental errors apparent on the face of the record, though unassigned; but,errors not thus manifest, though they might be adjudged fatal if properly brought to notice, will not be considered unless specifically assigned.</p> <p>Practice, Superior Gourt — Defective assignment.</p> <p>An assignment of error is defective which is based on an exception as follows: “Exception for defendant to the charge of the court submitting the case to the jury at all to find in favor of the plaintiff, and on this the entire charge is assigned for error.”</p> <p>Practice, Superior Gourt — Assignment of error — Pules of court.</p> <p>An assignment of error is defective and violates Rule XVII. which does not quote the full substance of the bill of exceptions, and indeed exhibits no exception. When the rejection of evidence is assigned for error, the assignment should show that the ruling was excepted to. It is not enough that this may be indicated by the notes of evidence.</p>