Miller v. Jackson
Superior Court of Pennsylvania
Appeal, No. 12, Oct. T., 1908, by defendant, from orders of C. P. Lancaster Co., Dec. T., 1905, No. 37, discharging certain rules and exceptions and sustaining an appeal from taxation of costs in case of John B. Miller, assignee for creditors of William P. Chubbs and wife, v. Joseph Jackson. Rule to show cause why writ of inquiry, etc., should not be set aside. Rule to show, cause why an appeal from the verdict of the jury of inquiry should not be allowed.
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Appeal, No. 12, Oct. T., 1908, by defendant, from orders of C. P. Lancaster Co., Dec. T., 1905, No. 37, discharging certain rules and exceptions and sustaining an appeal from taxation of costs in case of John B. Miller, assignee for creditors of William P. Chubbs and wife, v. Joseph Jackson. Rule to show cause why writ of inquiry, etc., should not be set aside. Rule to show, cause why an appeal from the verdict of the jury of inquiry should not be allowed. Exceptions to inquisition. Appeal from taxation of costs. Landis, P. J., filed the following opinion: Judgment having been entered against…
1Opinion of the Court
Per Curiam,
We are of opinion that all of the questions arising upon this appeal were correctly decided by the learned judge below. All that we feel called upon to add to the clear and satisfactory *483opinion filed by him is a brief discussion of the case of Spring Run Coal Co. v. Tosier, 102 Pa. 342, upon which counsel for appellant principally relies to sustain his contention that the common-law practice of directing the writ of inquiry to the sheriff for the purpose of having damages assessed by a jury to be summoned by him was abrogated by the Act of May 22, 1722. Sm L. 131. A careful…
2Cases cited2 opinions
- Kohler v. LuckenbaughSupreme Court of Pennsylvania · 1877
- Spring Run Coal Co. v. TosierSupreme Court of Pennsylvania · 1883
3Cited by5 opinions
- Pennsylvania Co. v. WallaceSuperior Court of Pennsylvania · 1910
- Reese Bernard Electric Co. v. LeventrySuperior Court of Pennsylvania · 1931
- Hoyt v. CarsonSuperior Court of Pennsylvania · 1915
- Duff v. ThrallSuperior Court of Pennsylvania · 1909
- Schwartz v. Stewart, Pennsylvania Court of Common Pleas, Lawrence County1945