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10 Pa. Super. 327

Patterson v. Groetzinger

Superior Court of Pennsylvania

Decided May 18, 1899

Superior Court of Pennsylvania · decided 1899-05-18

Appeal, No. 74, April T., 1899, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 512, on verdict for defendants. Per curiam. Trespass.

Relies on Curtis v. Winston

Appeal quashed · Decided 1899-05-18

Per Curiam,

¶1The defendant moves to quash the plaintiff’s appeal upon the ground that the charge, which is the basis of all the assignments of error, is not properly on the record. Not only was there no request before verdict rendered that the charge be reduced to writing and filed of record, but the record fails to show that it was filed by the direction of the trial judge. Indeed, neither the charge nor the testimony duly certified by him is attached to the record sent up to us. We are, therefore, compelled to disregard the assignments and affirm the judgment or to sustain the defendant’s motion to quash the appeal. The latter has been held to be correct practice in such a case: Curtis v. Winston, 186 Pa. 492.

¶2The appeal is quashed at the costs of the appellant.

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