Legal Opinion

Schock v. Waidelich

Superior Court of Pennsylvania

Decided January 17, 1905No. Appeal, No. 240Published

Appeal, No. 240, Oct. T., 1903, by defendant, from judgment of C. P. Lehigh Co., April T., 1903, No. 21, in case tried without a jury in suit of Emerson F. Schock v. Jacob B. Waidelich. Trespass for wrongful levy and sale of personal property. The case was tried by Trexler, P. J., without a jury by agreement under the Act of April 22, 1874, P. L. 109. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff.

1Opinion of the Court

Opinion by

Mobbison, J.,

Judgment was entered against the appellee before a justice of the peace for rent due upon a written lease, dated March 4, 1901. The transcript from the justice’s docket recites : “ wherein the defendant waived the benefit of the exemption laws of the State of Pa., Walter F. Sieger sworn on behalf of plaintiffs. Plaintiffs also offer in evidence said lease which is also made part of this record. And after hearing the full proofs of the plaintiffs on oath (defendant offering no proof), and the allegation of the parties, judgment publicly in favor of the plaintiffs for…

2Cases cited10 opinions

  1. Barnett v. ReedSupreme Court of Pennsylvania · 1866
  2. Moore v. Dunn & FellSupreme Court of Pennsylvania · 1892
  3. Commonwealth v. McCoySupreme Court of Pennsylvania · 1839
  4. Williamson v. KrumbhaarSupreme Court of Pennsylvania · 1890
  5. Diehl v. HolbenSupreme Court of Pennsylvania · 1861

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