Gerz's Exrx. v. Demarra's Exrs.
Supreme Court of Pennsylvania
Appeal, No. 19, Jan T., 1894, by defendants, Otto Weber et al., executors of Theresa Demarra, deceased, from judgment of C. P. Lancaster Co., Feb. T., 1890, No. 88, on verdict for plaintiff, Rosalie Gerz, executrix of J. W. Gerz, deceased. Assumpsit for board and services.
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Appeal, No. 19, Jan T., 1894, by defendants, Otto Weber et al., executors of Theresa Demarra, deceased, from judgment of C. P. Lancaster Co., Feb. T., 1890, No. 88, on verdict for plaintiff, Rosalie Gerz, executrix of J. W. Gerz, deceased. Assumpsit for board and services. Before Brubaker, J. The facts of the case appear by the charge of the court, which was in part as follows: “ [On the part of the plaintiff they have endeavored — and it is for you to say how successful they have been, and I will be obliged to leave it to you as a question of fact in this case— on the part of the plaintiff,…
1Opinion of the Court
Per Curiam,
Suit was brought by J. W. Gerz against the executors of his mother-in-law, Theresa Demarra, for boarding, etc., while she was an inmate of his family from 1887 to 1889. The first trial resulted in a verdict and judgment for plaintiff; but on.appeal to this court the judgment was reversed and a new trial awarded because of the erroneous rejection of testimony tending to prove payment, etc.: Gerz v. Weber et al., 151 Pa. 396. Plaintiff in the meantime died and his executrix was substituted on the record. None of the reasons that formerly moved us to reverse the judgment appear to…
2Cases cited4 opinions
- Miller's AppealSupreme Court of Pennsylvania · 1882
- Gerz v. WeberSupreme Court of Pennsylvania · 1892
- Perkins v. HasbrouckSupreme Court of Pennsylvania · 1893
- Wilson v. CochranSupreme Court of Pennsylvania · 1864
3Cited by12 opinions
- Gibb's EstateSupreme Court of Pennsylvania · 1920
- Hartley v. BohrerIdaho Supreme Court · 1932
- Sargent v. FolandOregon Supreme Court · 1922
- Brown v. McCurdySupreme Court of Pennsylvania · 1923
- In Re Herdman's EstateOregon Supreme Court · 1941
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