Livingston v. School Board
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1900, by Jacob Livingston, in suit of Central School Supply House, for use of Jacob Livingston against the School Board of the Township of South Middleton, from judgment of C. P. Cumberland Co., on verdict for defendant. Opinion by Orlady, J. Assumpsit to recover $456 for maps sold to defendant. Before Biddle, P. J. The facts sufficiently appear in the opinion of the Superior Court on appeal from a former trial of this case as reported in 9 Pa.
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Appeal, No. 12, March T., 1900, by Jacob Livingston, in suit of Central School Supply House, for use of Jacob Livingston against the School Board of the Township of South Middleton, from judgment of C. P. Cumberland Co., on verdict for defendant. Opinion by Orlady, J. Assumpsit to recover $456 for maps sold to defendant. Before Biddle, P. J. The facts sufficiently appear in the opinion of the Superior Court on appeal from a former trial of this case as reported in 9 Pa. Superior Ct. 110. After the return of the record to the court below, the defendant filed a supplemental affidavit of defense…
1Opinion of the Court
Opinion by
Oklady, J.,
When this case was before this court in a former appeal the essential facts were set out at length: 9 Pa. Superior Ct. 110. The judgment of the court below was then reversed and a venire facias de novo awarded, and it is not necessary to repeat the reasons for so deciding, but the record submitted on this appeal presents questions not raised on the former one. When a judgment is reversed by our appellate courts and a venire facias de novo is refused, the judgment of reversal does not constitute a bar to another suit for the same cause of action : Fries v. Penna. R. Co.,…
2Cases cited7 opinions
- S. Shultz & Bro. v. LempertTexas Supreme Court · 1881
- Fries v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1881
- The United States, in Error v. The Heirs and Representatives of Joseph H. Hawkins, DeceasedSupreme Court of the United States · 1836
- Ellis v. Agricultural InsuranceSuperior Court of Pennsylvania · 1899
- Kemmerer v. YoungSupreme Court of Pennsylvania · 1835
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3Cited by2 opinions
- McGine v. State Mutual Benefit SocietySuperior Court of Pennsylvania · 1938
- Moser v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1913