Davis v. Fleshman
Supreme Court of Pennsylvania
Appeal, No. 80, Jan. T., 1911, by plaintiff, from order of C. P. No. 2, Phila. Co., March Term, 1905, No. 424, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph A. Davis v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman & Company.
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Appeal, No. 80, Jan. T., 1911, by plaintiff, from order of C. P. No. 2, Phila. Co., March Term, 1905, No. 424, discharging rule for judgment for want of a sufficient affidavit of defense in case of Joseph A. Davis v. James B. Fleshman and Maurice H. Power, trading as J. B. Fleshman & Company. Assumpsit to recover $1,860 with interest from February 18, 1905. The statement of claim avers that the amount in question represents the sum total of a number of payments made by the plaintiff to the defendant copartnership on gambling transactions entered into between the plaintiff and the defendants;…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The appellant states two questions involved: “First: Is the New Jersey statute set forth in the plaintiff’s statement of claim enforceable in the state of Pennsylvania under art.' IV, sec. 1, of the constitution of the United States and the acts of Congress passed in pursuance thereof?” and, “Second: Is the New Jersey statute *412against the policy of the law of the commonwealth of Pennsylvania, and if so can the courts of this state refuse to enforce it?”
It is not necessary to determine either of these questions as they are not properly before us. Both of them…
2Cases cited2 opinions
- Ellison v. AllenSupreme Court of Florida · 1858
- Sheppard v. SheltonSupreme Court of Alabama · 1859
3Cited by2 opinions
- Davis v. Fleshman & Co.Supreme Court of Pennsylvania · 1914
- Sutterly v. FleshmanSuperior Court of Pennsylvania · 1912