James v. Kurtz
Superior Court of Pennsylvania
Appeal, No. 18, April T., 1903, by defendant, from judgment of C. P. Cambria Co., March T., 1901, No. 361, overruling demurrer in case of David E. James, Agent of Enoch James and David E. James, Executors of Ebenezer James, Deceased, v. Margaret Kurtz, Administrator of George Kurtz, Deceased, and Adam Kurtz. Appeal from justice of the peace. The material averments of the statement of claim are set forth in the opinion of the Superior Court.
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Appeal, No. 18, April T., 1903, by defendant, from judgment of C. P. Cambria Co., March T., 1901, No. 361, overruling demurrer in case of David E. James, Agent of Enoch James and David E. James, Executors of Ebenezer James, Deceased, v. Margaret Kurtz, Administrator of George Kurtz, Deceased, and Adam Kurtz. Appeal from justice of the peace. The material averments of the statement of claim are set forth in the opinion of the Superior Court. Error assigned was in overruling demurrer to statement. Adam Kurtz, the one defendant, not being a party to the contract, is not liable thereunder:…
1Opinion of the Court
Opinion by
Mojrbison, J.,
This case was commenced before a justice of the peace and came into the common pleas of Cambria county on appeal by defendants. Plaintiffs having filed a declaration in the common pleas court it was demurred to by the defendants, and upon argument the court overruled the demurrer and granted judgment against the defendants, jointly, for the sum of 160.00 with interest and costs, from which judgment the defendants appealed and assigned the following errors: (1) The court erred in overruling the demurrer. (2) The court erred in entering judgment for the plaintiff on the…
2Cases cited2 opinions
- Hoskinson v. EliotSupreme Court of Pennsylvania · 1870
- Githers v. ClarkeSupreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Ottman v. Nixon-NirdlingerSupreme Court of Pennsylvania · 1930
- Ottman, Trustees v. Albert Co.Supreme Court of Pennsylvania · 1937
- Goenner v. GlumicichSuperior Court of Pennsylvania · 1923