Commonwealth v. Howard

24 A. 308, 149 Pa. 302, 1892 Pa. LEXIS 1124
CourtSupreme Court of Pennsylvania
DecidedMay 23, 1892
DocketAppeal, No. 182
StatusPublished
Cited by8 cases

This text of 24 A. 308 (Commonwealth v. Howard) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Howard, 24 A. 308, 149 Pa. 302, 1892 Pa. LEXIS 1124 (Pa. 1892).

Opinion

Per. Curiam,

There was no final judgment in this case. The order of the court below was: “ Stated case is quashed, and new trial granted.” We are of opinion that the-case stated was properly quashed, for the reason that it failed to disclose facts necessary to an intelligent judgment. It ought to be understood that the court cannot go outside of the case stated for its facts, nor can it assume them by way of inference. The case stated having been quashed, the action in the court below stood precisely as if no case stated had been agreed upon.'

The judgment is affirmed, and a procedendo awarded.

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Cite This Page — Counsel Stack

Bluebook (online)
24 A. 308, 149 Pa. 302, 1892 Pa. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-howard-pa-1892.