Patterson v. Groetzinger

Superior Court of Pennsylvania
Patterson v. Groetzinger, 10 Pa. Super. 327 (1899)
1899 Pa. Super. LEXIS 283
Beaver, Beeber, Orlady, Porter, Rige, Smith

Patterson v. Groetzinger

Opinion of the Court

Per Curiam,

The 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.

The appeal is quashed at the costs of the appellant.

Reference

Full Case Name
W. R. Patterson v. John Groetzinger, Constable, and Al. Young
Cited By
1 case
Status
Published
Syllabus
Appeals — Practice, Superior Gourt — Defective assignment. Where the record fails to show before verdict rendered, a request that the charge, which is the basis of all the assignments of error, be reduced to writing and filed of record, or that it was filed by the direction of the trial judge, the assignments will be disregarded and the appeal quashed.