Wilderman v. Roth

BUFFINGTON, Circuit Judge.

In the court below, Elizabeth Wilderman, a citizen of New York, brought suit against William Roth and others, citizens of Pennsylvania. On trial she recovered a verdict for $600, which was taken subject to the opinion of the court whether it had jurisdiction of the cause. This question — the only one here involved — the court decided against her and dismissed the suit. Whereupon she sued out this writ of error.

The pleadings show that her claim was to recover on an implied assumpsit of the defendants to pay her the reasonable worth of the domestic household service…