Edelman v. Moser
Superior Court of Pennsylvania
Appeal, No. 86, Oct. T., 1914, by plaintiff, from order of C. P. Northampton Co., Dec. T., 1912, No. 7, refusing to take off nonsuit in case of Andrew Edelman v. William H. Moser. Trespass in trover and conversion for the value of one horse, one lot of hay and buffalo robe. Before Stewart, J. From the record it appeared that the case originated before a justice of the peace, and was taken into the Common Pleas by a transcript of appeal.
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Appeal, No. 86, Oct. T., 1914, by plaintiff, from order of C. P. Northampton Co., Dec. T., 1912, No. 7, refusing to take off nonsuit in case of Andrew Edelman v. William H. Moser. Trespass in trover and conversion for the value of one horse, one lot of hay and buffalo robe. Before Stewart, J. From the record it appeared that the case originated before a justice of the peace, and was taken into the Common Pleas by a transcript of appeal. The transcript was filed Nov. 15,1912. The case was called for trial on October 23,1913. At the trial the following motion was' made: Mr. Seip. — ‘Plaintiff…
1Opinion of the Court
Opinion by
Trexler, J.,
The transcript of appeal from the alderman to the Common Pleas bore no certificate of the justice and the affidavit made by the defendant was not accompanied by the jurat of the alderman. No objection however was made to these defects by the plaintiff until the case was called for trial after the expiration of almost a year. The question therefore for us to consider is not whether such certificate and jurat are required, but whether by his delay in raising the question, the plaintiff has waived his right to object. In Wilson v. Kelly, 81 Pa. 411, cited by the lower…
2Cases cited4 opinions
- Commonwealth v. Crum Lynne Iron & Steel Co.Superior Court of Pennsylvania · 1905
- Wilson v. KellySupreme Court of Pennsylvania · 1876
- Harvey v. PollockSupreme Court of Pennsylvania · 1892
- Craig v. BrownSupreme Court of Pennsylvania · 1864
3Cited by2 opinions
- Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
- Commonwealth v. City National Bank, Pennsylvania Court of Common Pleas, Dauphin County1940