Legal Opinion

Morgan v. Neville

Supreme Court of Pennsylvania

Decided July 2, 1873PublishedCited by 14 opinions

Error to the Court of Common Pleas of Somerset county : Of May Term 1873, No. 69'. This case commenced before a justice of the peace by George Neville against William Morgan: the justice rendered judgment for the plaintiff, January 16th 1871, for $38.61; the defendant appealed to the Court of Common Pleas.

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Error to the Court of Common Pleas of Somerset county : Of May Term 1873, No. 69'. This case commenced before a justice of the peace by George Neville against William Morgan: the justice rendered judgment for the plaintiff, January 16th 1871, for $38.61; the defendant appealed to the Court of Common Pleas. On the trial, November 28th 1872, before Hall, P. J., the plaintiff’s claim was for wages as a laborer for the defendant on the “ Sand Patch Tunnel,” in Somerset county, Pennsylvania. He testified that in November 1870, he had worked 30 days at $2.50 per day ; — that the defendant had told…

1Opinion of the Court

The opinion of the court was delivered, July 2d 1873, by

Agnew, J. —

This action in the court below, was for the wages of labor performed by George Neville for William Morgan, a contractor upon the Sand Patch Tunnel in Somerset county. Morgan set up a payment made by him as garnishee of Neville, in an attachment issued by a justice of the peace of Allegheny county, Maryland, in favor of one Michael Shannon, served on Morgan in Maryland, and judgment against him by default. All the parties were residents of Somerset county, Pennsylvania, but there was no evidence of collusion or combination…

2Cases cited1 opinion

  1. Steel v. SmithSupreme Court of Pennsylvania · 1844

3Cited by14 opinions

  1. Caddie Homes, Inc. v. FALICSuperior Court of Pennsylvania · 1967
  2. Bristol v. BrentUtah Supreme Court · 1910
  3. Underwood v. RobinsonMassachusetts Supreme Judicial Court · 1871
  4. Southern Pacific Railroad v. LyonMississippi Supreme Court · 1911
  5. State ex rel. Bank of Herrick v. Circuit Court of Gregory CountySouth Dakota Supreme Court · 1913

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