Spang & Co. v. Adams Express Co.
Superior Court of Pennsylvania
Appeal, No. 92, April T., 1920, by plaintiff, from order of C. P. Butler County, March T., 1918, No. 17, striking off judgment in the case of Spang & Company v. Adams Express Company. Buie to strike off judgment. Before Reijber, P. J. The opinion of the Superior Court states the case. The court made absolute the rule to strike off judgment. Plaintiff appealed. Error assigned was the order of the court.
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Appeal, No. 92, April T., 1920, by plaintiff, from order of C. P. Butler County, March T., 1918, No. 17, striking off judgment in the case of Spang & Company v. Adams Express Company. Buie to strike off judgment. Before Reijber, P. J. The opinion of the Superior Court states the case. The court made absolute the rule to strike off judgment. Plaintiff appealed. Error assigned was the order of the court. Since the passage of the Practice Act of 1915 it is not necessary to issue a summons in actions of assumpsit: Griesmer r. Hill, 225 Pa. 545; Shipley-Massington Co., etc., y. Golden, 27 D. R.…
1Opinion of the Court
Opinion by
Porter, J.,
Tbe plaintiff, on December 18, 1917, filed a statement of claim in the court below, without filing a praecipe for a summons and no such writ was ever issued. The statement averred that the defendant was a common carrier and that the plaintiff had delivered to it at various times goods to be transported, which had been lost during the course of transportation. The cause of action was such that the plaintiff might, at its election, have proceeded for the recovery of the value of the goods, either by an action in assumpsit or in trespass. The plaintiff, on January 30, 1918,…
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- Allegheny County v. Virgin, Pennsylvania Court of Common Pleas, Alleghany County1957
- Deemer & Co. v. Kline Township School District, Pennsylvania Court of Common Pleas, Schuylkill County1939
- Dillman v. Markle, Pennsylvania Court of Common Pleas, Adams County1937
- Jones v. Aaronson Et Ux.Superior Court of Pennsylvania · 1929
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