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167 Pa. 614

Roat v. Frear

Supreme Court of Pennsylvania

Decided April 29, 1895

Supreme Court of Pennsylvania · decided 1895-04-29

Appeal, No. 84, Jan. T., 1895, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1891, No. 146, on verdict for defendants. Scire facias sur mechanic’s lien. Counsel for the parties entered into the following agreement: “ Now, Feb. 12, 1895, it is agreed that the following be filed in this case and be printed in the paper-book of the appellant in lieu of the. evidence taken at the trial.

Cited by 1 later decisions — most recently August 1972

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-04-29

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Per Curiam,

¶1The only specification of error is an extract from the learned trial judge’s charge, directing a verdict in favor of defendant. By agreement of counsel for the parties, the statement signed by them, embracing an extract from defendant’s testimony, etc., has been printed in appellant’s paper-book “in lien of the evidence taken at the trial.” That necessarily excludes from consideration any evidence or allegations of fact not contained in the agreement. In view of the facts thus agreed upon, there appears to be no error in directing a verdict for defendant.

¶2Judgment affirmed.

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