Legal Opinion

Birkhead v. Ward

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 139PublishedCited by 16 opinions

Appeal, No. 139, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1906, No. 1,043, overruling defendants’ demurrer to plaintiff’s statement, in case of Samuel J. Birkhead v. Mary Ward et al. Appeal from judgment of justice of the peace, The material portion of the transcript of the justice of the peace was as follows: Now, September 19, 1906, counsel of both parties appear.

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Appeal, No. 139, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1906, No. 1,043, overruling defendants’ demurrer to plaintiff’s statement, in case of Samuel J. Birkhead v. Mary Ward et al. Appeal from judgment of justice of the peace, The material portion of the transcript of the justice of the peace was as follows: Now, September 19, 1906, counsel of both parties appear. Samuel J. Birkhead sworn, claims sum of $10.50 cost of repairing retaining wall belonging to defendants. F. S. Cantrell for defendants offered no defense and judgment was publicly given to…

1Opinion of the Court

Opinion by

Rice, P. J.,

The legislature in conferring jurisdiction on justices of the .peace of causes of action arising from contract, either express or implied, had in view those contracts which arise immediately out of a course of dealing between the parties, and not that sort of contract that arises remotely out of the compact.of government: Zeigler v. Gram, 13 S. & R. 102; Zell v. Arnold, 2 P. & W. 292; Schaffer v. McNamee, 13 S. & R. 44; Common*239wealth v. Reynolds, 17 S. & R. 367; Montgomery v. Poorman, 6 Watts, 384; Ellsworth v. Barstow, 7 Watts, 314; Seitzinger v. Steinberger, 12 Pa. 379;…

2Cases cited7 opinions

  1. Township of Moreland v. GordnerSupreme Court of Pennsylvania · 1885
  2. Gingrich v. SheafferSuperior Court of Pennsylvania · 1901
  3. Katch v. Benton Coal Co.Superior Court of Pennsylvania · 1902
  4. Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
  5. Montgomery v. PoormanSupreme Court of Pennsylvania · 1837

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Sprout v. KirkSuperior Court of Pennsylvania · 1923
  2. Paulson v. EisenbergSuperior Court of Pennsylvania · 1938
  3. Battles v. NesbitSuperior Court of Pennsylvania · 1942
  4. Knautt v. MassingerSuperior Court of Pennsylvania · 1934
  5. Shafer v. CascioSupreme Court of Pennsylvania · 1926

11 more not listed; retrieve them via the Exa API.

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