Legal Opinion

Kress House Moving Co. v. Brennan

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 86PublishedCited by 2 opinions

Appeal, No. 86, April T., 1921, .by defendant, from order of C. P. Allegheny County, .April T., 1920, No. 2367, refusing to allow an appeal from the county court in the case of Kress House Moving .Company Corporation v. James P. Brennan. Petition to allow an appeal from the county court. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Plaintiff appealed. Error assigned was the order of the court.

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1Opinion of the Court

Opinion by

Linn, J.,

Plaintiff got a verdict in the county court. Defendant’s motion for a new trial having been refused, he filed a petition in the common pleas for leave to appeal to that court and leave was denied. He appeals to this court to review the order of the common pleas.

The rule applicable was stated in an opinion by Judge Trexler in Keown v. Bunton, 61 Pa. Superior Ct. 220 at 223, to be: a party who has had a jury trial under the Act of May 5, 1911, P. L. 198, as amended by the Act of May 23, 1913, P. L. 310, is not entitled to appeal from the county court unless a retrial of the…

2Cases cited4 opinions

Nugent v. WolfeSupreme Court of Pennsylvania · 1886
Bailey v. MarshallSupreme Court of Pennsylvania · 1896
Crawford v. PyleSupreme Court of Pennsylvania · 1899
Keown v. BuntonSuperior Court of Pennsylvania · 1915

3Cited by2 opinions

Philadelphia v. Rosin's Parking Lots, Inc.Supreme Court of Pennsylvania · 1947
Mosely v. MassiahSuperior Court of Pennsylvania · 1926