American Soda Water Co. v. Taggart
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1910, by defendant, from certain orders of C. P. No. 2, Phila. Co., Sept. T., 1907, No. 2,533, making absolute and discharging certain rules in case of American Soda Fountain Company v. G. Corson Taggart. Replevin for soda fountain. Rule for judgment for want of a sufficient affidavit of defense. Rule to open judgment. Rule on sheriff’s jury to consider certain evidence. Rule to make an order to charge a jury to inquire into damages.
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Appeal, No. 79, Oct. T., 1910, by defendant, from certain orders of C. P. No. 2, Phila. Co., Sept. T., 1907, No. 2,533, making absolute and discharging certain rules in case of American Soda Fountain Company v. G. Corson Taggart. Replevin for soda fountain. Rule for judgment for want of a sufficient affidavit of defense. Rule to open judgment. Rule on sheriff’s jury to consider certain evidence. Rule to make an order to charge a jury to inquire into damages. The opinion of the Superior Court states the case. Errors assigned were as follows: 1. The learned court below erred in making absolute…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. While the Act of May 20,1891, P. L. 101, gives a right of appeal in applications to open or strike off judgments, it was not intended to give the defendant in a judgment obtained in an adverse proceeding, which at the worst is only erroneous and not void, two opportunities to obtain a reversal: Clarion, M. & P. R. R. Co. v. Hamilton, 127 Pa. 1; Mayer v. Brimmer, 15 Pa. Superior Ct. 451. It follows that the first assignment, in which error is alleged in the entry of judgment because of the insufficiency of the affidavit of defense, must be overruled because the appeal…
2Cases cited3 opinions
- Clarion, M. & P. R. v. HamiltonSupreme Court of Pennsylvania · 1889
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- Mayer v. BrimmerSuperior Court of Pennsylvania · 1900
3Cited by4 opinions
- Beaver Valley Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1940
- Friel v. BeadleSupreme Court of Pennsylvania · 1935
- Hedley v. SnipesSuperior Court of Pennsylvania · 1936
- Sorken v. EpsteinSupreme Court of Pennsylvania · 1954