25 Pa. Super. 61 | Pa. Super. Ct. | 1904
Opinion by
All of the thirty-eight assignments of error relate to the charge. We have fully examined and considered all of them in the light of the evidence and the charge as a whole, and,
Without discussing the assignments more in detail, we turn to the question of practice which upon the argument of the case we called to the attention of appellant’s counsel. The plaintiff brought three suits before a justice of the peace against the defendant; the first for borrowed money, the second on a promissory note dated in March, 1899, with a waiver of “all valuation, appraisement, stay and exemption laws,” and the third on a promissory note dated in January, 1898, with similar waiver. Appeals were taken to the common pleas, where a statement and plea were filed in each case, and separate verdicts and judgments in the plaintiff’s favor were entered. There was no consolidation of the actions, but it was contended at bar by the learned counsel for defendant that as the three cases were tried at one time before the same jury the records in the three cases could be brought up for review by a single appeal and writ. Even in the absence of any authoritative decision of the question we would regard this position as untenable; but the point has been decided contrary to the contention of the appellant’s counsel in at least two reported cases. In Hollohan v. McLean, 1 W. N. C. 262, where the plaintiff in error sued out one writ to bring up judgments in twenty different actions between the same parties, in which a consolidated affidavit of defense had been filed in the court below, the Supreme Court granted a rule to show cause and upon hearing of the same quashed the writ. In Cauley v. Pittsburg, Cincinnati & St. Louis Railway Co., 95 Pa. 398, the court quashed the writ of its own motion. Perhaps the appellant in the present case might have elected to have the appeal confined to one of the cases and dismissed as to the other, but as no such election was made the appeal will be quashed,
Appeal quashed,