Tyson v. Baizley
Superior Court of Pennsylvania
Appeal, No. 114, Oct. T., 1907, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1906, No. 735, making absolute rule for judgment for want of a sufficient-affidavit of defense in case of James Tyson v. Rudolph R. Baizley. Appeal from magistrate. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. '' Error assigned was the order of the court. cited :• Sherman’s Est., 6 Pa.
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Appeal, No. 114, Oct. T., 1907, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1906, No. 735, making absolute rule for judgment for want of a sufficient-affidavit of defense in case of James Tyson v. Rudolph R. Baizley. Appeal from magistrate. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the case. '' Error assigned was the order of the court. cited :• Sherman’s Est., 6 Pa. C. C. Rep. 225; Tredway v. Kennedy, 153 Pa. 438. cited: Small v. Howard, 128 Mass. 131; Mallen v. Boynton, 132 Mass. 443; Shelton v. Johnson, 40…
1Opinion of the Court
Opinion by
Orlady J.,
The defendant’s wife had been ill and under the care of the family physician for about six months, without any apparent improvement in her condition. The husband was informed of a doubt in the physician’s mind as to the exact character of the disease, and of his desire to have a consultation with a specialist in order to make a proper diagnosis. The plaintiff was selected with the knowledge and consent of the defendant and of his wife, who submitted hérself to a thorough examination by the two physicians. The treatment which had been applied and the diagnosis which had…
2Cases cited3 opinions
- English v. FreeSupreme Court of Pennsylvania · 1903
- Richards v. WillardSupreme Court of Pennsylvania · 1896
- Garrey v. StadlerWisconsin Supreme Court · 1886
3Cited by6 opinions
- Donaldson v. MaffucciSupreme Court of Pennsylvania · 1959
- CARL v. MatzkoSuperior Court of Pennsylvania · 1968
- Klopp v. SternbergSuperior Court of Pennsylvania · 1921
- Englerth v. BattersbySuperior Court of Pennsylvania · 1931
- Englerth v. BattersbyPennylvania Municipal Court, Philadelphia County · 1931
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