Taylor v. Sattler

Citations

• 6 Pa. Super. 229
• 1897 Pa. Super. LEXIS 342

Syllabus

<p>Practice, Superior Court — Appeals—Defective assignment.</p> <p>An assignment of error is defective under Rule 15 of the Superior Court which assigns for error the whole charge without further specification.</p> <p>The purpose of an assignment of error is to place upon the records of the appellate court the specific ground of complaint on the part of the appellant.</p> <p>Appeals — Beview—Theory of trial below followed.</p> <p>A case will be treated in the appellate court as it was tried below. It must be regarded as the trial judge was led to view it from the pleadings, the evidence and the contentions of counsel. The appellate court ought not to consider whether it might or should have been tried on some theory that would have led to a different result; when no radical error is manifest the appellate court will adhere to the theory of the case which the parties adopted, and in view of which the court instructed the jury.</p> <p>Appeals — Beview—Appellant may not shift theory of the case.</p> <p>Where the verdict of the jury established the liability of the defendants upon the theory of the case by which they chose to have it tested, they cannot be permitted on appeal to change their ground and allege that the ease should have been treated in accordance with a view not presented on the trial.</p> <p>Attachment under act of 1869 — •Bond—Action—Damages.</p> <p>An action may be maintained on a bond given in an attachment proceeding under the Act of March 17, 1869, P. L. 8 as amended by the Act of May 24, 1887, P. L. 197, where there has been a failure to prosecute the action with effect or where the attachment has been quashed, but recovery in such action is limited to legal costs, fees and damages sustained by reason of the attachment.</p>