Legal Opinion

Davis v. Davis

Court of Appeals for the Fourth Circuit

Decided November 4, 1909No. 890PublishedCited by 4 opinions

In Error to tlic Circuit Court of the United States for the Northern District of West Virginia, at Wheeling. Action by Daniel J. Davis against M. C. Davis, alias Mattie M. Davis, on a judgment. From an order sustaining a demurrer to1 the declaration (164 Fed. 281), plaintiff brings error.

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In Error to tlic Circuit Court of the United States for the Northern District of West Virginia, at Wheeling. Action by Daniel J. Davis against M. C. Davis, alias Mattie M. Davis, on a judgment. From an order sustaining a demurrer to1 the declaration (164 Fed. 281), plaintiff brings error. On tlie 4th day of December,. 1897, a judgment was entered in the court of common pleas (No. 1) of Allegheny county, Pa., in favor of plaintiff in error against defendant in error, upon a, confession entered by an attorney for defendant pro hac vice, for the sum of $2,000, with interest thereon from July 19,…

1Opinion of the CourtKeller, District Judge

(after stating, the facts as above); The plaintiff in error assigns as error the action of the court in sustaining the demurrer to the declaration and rendering judgment in favor of the defendant in error, and in refusing to render judgment in favor of plaintiff for the amount of the judgment entered by the court of common pleas No. 1 of Allegheny county, Pa.

*789Upon another state of the record it might be-necessary for us to discuss some questions which, by reason of the fact that the opinion of the court below is made a part of the record, are rendered unnecessary. From that opinion, copied in…

2Cases cited5 opinions

  1. Thompson v. WhitmanSupreme Court of the United States · 1874
  2. Owens v. HenrySupreme Court of the United States · 1896
  3. Eldred v. Hazlett's AdministratorSupreme Court of Pennsylvania · 1861
  4. Hepler v. DavisNebraska Supreme Court · 1891
  5. Miller v. MillerSupreme Court of Pennsylvania · 1892

3Cited by4 opinions

  1. Juneau Spruce Corp. v. International Longshoremen's & Warehousemen's UnionDistrict Court, D. Hawaii · 1955
  2. Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
  3. Spurway v. DyerDistrict Court, S.D. Florida · 1942
  4. Shearer v. NaftzingerSuperior Court of Pennsylvania · 1998

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