Talcott v. Oppenheimer

Citations

• 159 Pa. 506
• 28 A. 355
• 1894 Pa. LEXIS 881

Syllabus

<p>Judgment — Marking to use — Attorney—Authority—Practice—Review.</p> <p>Plaintiff’s attorney marked a judgment in plaintiff’s favor to the use of another person. Plaintiff took a rule to strike off the marking of the judgment to use, on the ground that the attorney had no authority to take such action. Depositions were taken by both sides, and after argument the rule was discharged. Subsequently the nse plaintiff satisfied the judgment of record. Plaintiff then took a rule to strike off the satisfaction, which rule, after hearing, was discharged. Plaintiff then petitioned for an issue, but the court dismissed his petition. Plaintiff then appealed to the Supreme Court, assigning as error the discharge of his two rules, and the refusal of an issue, but he did not print in his paper-book the record relating to the first rule. Held, that the record was incomplete, and that the judgment should be affirmed, without prejudice to plaintiff’s right to appeal from the order discharging the first rule.</p>