2 Monag. 155
Decided November 5, 1888
Supreme Court of Pennsylvania · decided 1888-11-05
Error, No. 139 Oct. T., 1888, to C. P. No. 2, of Allegheny Co., to review a judgment on a verdict for plaintiff in an action of assumpsit by Margaret L. Dallmeyer against Plenty Dallmeyer, who survived Plenty Dallmeyer, Jr., late partners as H. Dallmeyer & Son, at January T. 1888, No. 77.
Relies on Oswald v. Kennedy
Decided 1888-11-05
¶1The first assignment of error cannot be sustained. No exception was taken to the evidence complained of when it was admitted, and the motion to strike out was properly disregarded. Oswald v. Kennedy, 48 Pa. 9.
¶2The second assignment is answered by saying that it would have been a grave error not to have submitted the case to the jury.
¶3The judgment is affirmed.