Legal Opinion

Rebecchi v. Clark

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 83PublishedCited by 2 opinions

Appeal, No. 83, Oct. T., 1919, by plaintiff, from decree of Municipal Court of Philadelphia, November Term, 1910, No. 121, dismissing petition to set aside a verdict in the case of Harry Rebecchi, by his mother and next friend, Helen Rebecchi, and Helen Rebecchi, in her own right, v. Charles H. Clark. Petition to open judgment and set aside verdict on the ground of fraud and misrepresentation. The opinion of the Superior Court states the case.

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Appeal, No. 83, Oct. T., 1919, by plaintiff, from decree of Municipal Court of Philadelphia, November Term, 1910, No. 121, dismissing petition to set aside a verdict in the case of Harry Rebecchi, by his mother and next friend, Helen Rebecchi, and Helen Rebecchi, in her own right, v. Charles H. Clark. Petition to open judgment and set aside verdict on the ground of fraud and misrepresentation. The opinion of the Superior Court states the case. The court dismissed the petition. Plaintiff appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Porter, J.,

The record, as printed in the paper-book of the appellant, is very meagre. The docket entries, as printed, indicate that, on November 12, 1918, a summons in trespass was issued, service thereof accepted by the defendant, a statement filed by the plaintiff, and an answer by the defendant. A jury trial was waived. On November 15, 1918, the case was heard by one of the learned judges of the court below, who filed a finding of damages in favor of the minor plaintiff in the sum of $100, and in favor of Helen Rebecchi, the mother, in a like sum. Judgment was regularly entered…

2Cases cited2 opinions

  1. Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Feldman v. LeaceSuperior Court of Pennsylvania · 1919

3Cited by2 opinions

  1. Matovich v. Gradich Et Ux.Superior Court of Pennsylvania · 1936
  2. Harris Motor Co. v. Platkin, Pennsylvania Court of Common Pleas, Dauphin County1922

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