Insurance Co. v. Seitz
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Frederick Seitz against The Firemen’s Insurance Company. This was an action on the case founded upon the renewal of a policy of insurance against fire.
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ERROR to the District Court of Allegheny county. Frederick Seitz against The Firemen’s Insurance Company. This was an action on the case founded upon the renewal of a policy of insurance against fire. The question arose upon the sufficiency of the plaintiff’s declaration, and principally as to the second count, which was as follows:— “ And the said Frederick Seitz further complains for that, whereas, heretofore, to wit, on the 22d day of October 1840, at the county aforesaid, the aforesaid The Firemen’s Insurance Company, in consideration that the said Frederick Seitz would then and there pay…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
— By our system of jurisprudence, a defendant who is sued in court sees what is the claim of the plaintiff set out in his declaration. To this declaration the defendant may file a general demurrer, if he thinks no legal claim is stated in the declaration; or he may file a special demurrer, if he supposes the case of the plaintiff is informally or defectively stated in the narr. By a great number of Acts of Parliament before this country became independent, and by some enactments of our legislature, it has been attempted to provide that all…
2Cases cited3 opinions
- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Chaffee v. SangstonSupreme Court of Pennsylvania · 1840
- Sauerman v. WeckerlySupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Barker v. McCrearySupreme Court of Pennsylvania · 1870
- Wright v. . Insurance Co.Supreme Court of North Carolina · 1905