Murphy v. Thall
Superior Court of Pennsylvania
Appeal, No. 1, Feb. T., 1901, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1897, No. 59, on verdict for plaintiff in case of Stephen Murphy v. Joseph Thall. Before Appeal from justice of the peace. ’ The facts are stated in the opinion of the Superior Court.
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Appeal, No. 1, Feb. T., 1901, by defendant, from judgment of C. P. Sullivan Co., Feb. T., 1897, No. 59, on verdict for plaintiff in case of Stephen Murphy v. Joseph Thall. Before Appeal from justice of the peace. ’ The facts are stated in the opinion of the Superior Court. Defendant presented this point and answer: 2. That this action of trespass was brought before a justice of the peace and came into this court by appeal; that the justice of the peace had not jurisdiction of the case and this court would have none on appeal, and that the verdict must be for the defendant, Joseph Thall.…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The appellant filed a number of assignments of error, all of which were abandoned at the argument except those which directly raised ■ the question of the jurisdiction of the justice of the peace to determine, in an action of trespass, the subject of controversy between the parties. The plaintiff loaned a mare to the defendant who later returned her, without explanation, in a seriously injured condition. The loan was made upon the solicitation of the defendant and the bailment was for his exclusive benefit. The defendant admits this in his testimony. The plaintiff…
2Cases cited7 opinions
- M'Cahan v. HirstSupreme Court of Pennsylvania · 1838
- Livingston v. CoxSupreme Court of Pennsylvania · 1847
- Todd v. FigleySupreme Court of Pennsylvania · 1838
- Hunt v. WynnSupreme Court of Pennsylvania · 1837
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Steward v. RennerSuperior Court of Pennsylvania · 1925
- Croskey v. WallaceSuperior Court of Pennsylvania · 1903
- Dussinger v. Keemer, Pennsylvania Court of Common Pleas, Lancaster County1930
- Watson v. South Penn Telephone Co., Pennsylvania Court of Common Pleas, Greene County1928