Legal Opinion

Morgan v. County of Mercer

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 203PublishedCited by 8 opinions

Appeal, No. 203, April T., 1898, by defendants, from judgment of C. P. Mercer'Co., April T., 1898, No. 35, on case stated. Case stated.

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Appeal, No. 203, April T., 1898, by defendants, from judgment of C. P. Mercer'Co., April T., 1898, No. 35, on case stated. Case stated. Before Miller, P. J. The case stated is'as follows: And now, February 11, 1898, it is hereby agreed by and between the parties to the above suit, that the following case be stated for the opinion of the court in the nature of a special verdict: James W. Morgan, the plaintiff above named, was on the 11th day of February, A. D. 1898," granted a license to sell at retail, vinous, spirituous, malt or brewed liquors, at the Exchange Hotel, in the borough of…

1Opinion of the Court

Opinion by

Porter, J.,

In the body of the document called by the parties a case stated, it is recited that the “plaintiff and defendants then arranged that .... a case stated be filed and if the court be of the opinion that said sum paid for the license was too much or any part thereof was wrongfully paid, then judgment to be entered for the plaintiff for such amount as was overpaid, but if not, then judgment be entered for defendant, the costs to follow the judgment and either party reserving the right to sue out an appeal or writ of certiorari. That with this understanding” certain acts were…

2Cases cited9 opinions

  1. Berks County v. PileSupreme Court of Pennsylvania · 1852
  2. Whitesides v. RussellSupreme Court of Pennsylvania · 1844
  3. Commonwealth v. CallahanSupreme Court of Pennsylvania · 1893
  4. Mutchler v. City of EastonSupreme Court of Pennsylvania · 1892
  5. Seiple v. Seiple, Pennsylvania Court of Common Pleas, Northampton County1890

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3Cited by8 opinions

  1. Frankel v. Reliance Mutual Life InsuranceSuperior Court of Pennsylvania · 1962
  2. Clearfield Bank & Trust Co. v. American Manufacturers Mutual InsuranceSupreme Court of Pennsylvania · 1985
  3. County of Allegheny v. Allegheny County Prison Employees' Independent UnionCommonwealth Court of Pennsylvania · 1980
  4. Wedgewood Associates v. Caln TownshipCommonwealth Court of Pennsylvania · 1980
  5. Sweeney v. Lakeland School DistrictCommonwealth Court of Pennsylvania · 1974

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