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· 3/3/1922

Sternberg v. Drexel & Co.

Citations

  • 78 Pa. Super. 586
  • 1922 Pa. Super. LEXIS 165

Syllabus

<p>Practice, Superior Court — Assumpsit—Appeal—Case conducted by plaintiff in person — Violation of rules of court — Consideration of record, — Not to be talcen as a precedent,</p> <p>In an action to recover money alleged to have been due for upwards of 20 years, on account of failure by the defendant to perform that for which the money was given, where the defense was that defendant had performed its obligation, and also that the claim was barred by the statute of limitations, an appeal from verdict and judgment for defendant will be dismissed if the record shows that the case was properly tried.</p> <p>The fact that in this instance the Superior Court considered the record, although the paper-book disregards essential rules of court, because the case was conducted by the appellant in person, apparently without the aid of counsel, is not to be taken as a precedent.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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