Kelber v. Pittsb. N. Plow Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 202 October Term 1891, Sup. Ct.; court below, No. 878 September Term 1888, C. P. No. 1. On July 20,1888, Edward Kelber brought assumpsit against The Pittsburgh National Plow Company, to recover compensation for ten years’ service as an employee of the defendant company, from 1878 to 1888, at the rate of fifty dollars per month.
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No. 202 October Term 1891, Sup. Ct.; court below, No. 878 September Term 1888, C. P. No. 1. On July 20,1888, Edward Kelber brought assumpsit against The Pittsburgh National Plow Company, to recover compensation for ten years’ service as an employee of the defendant company, from 1878 to 1888, at the rate of fifty dollars per month. The plaintiff’s statement of claim, filed with the praecipe for summons, set out that the plaintiff was employed by the defendant through L. Matthews, its attorney in fact, to take charge of the defendant’s property at Rochester, Beaver county, Pennsylvania, for…
1Per curiam
It is assigned for error that the court below erred in opening the judgment, and also that “ it should at least have imposed terms upon defendant when the judgment was ordered to be opened.”
It is very clear that prior to the passage of the act of May 20, 1891, P. L. 101, no appeal would lie to the order of the court opening this judgment: Lyon v. Phillips, 106 Pa. 57; Gibson v. Simmons, 134 Pa. 189. The first section of that act provides :
“ That in all cases of application for the opening, vacating and striking off judgments of any kind, whether entered by amicable confession, upon warrant of…
2Cases cited6 opinions
- Earley's AppealSupreme Court of Pennsylvania · 1879
- Wernet's AppealSupreme Court of Pennsylvania · 1879
- Kneedler's AppealSupreme Court of Pennsylvania · 1880
- Lyon ex rel. First National Bank v. PhillipsSupreme Court of Pennsylvania · 1884
- Wise's AppealSupreme Court of Pennsylvania · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Berkowitz v. KassSupreme Court of Pennsylvania · 1945
- Narducci v. Mason's Discount StoreSupreme Court of Pennsylvania · 1988
- Orient Building & Loan Ass'n v. FreudSupreme Court of Pennsylvania · 1929
- Borjes v. WichSuperior Court of Pennsylvania · 1952
31 more not listed; retrieve them via the Exa API.