Huston Township Co-operative Mutual Fire Insurance v. Beale
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Juniata county: Of July Term 1885, No. 29. Debt, by Enoch Beale against the Huston Township Cooperative Mutual Fire Insurance Company, upon a policy of fire insurance. Plaintiff brought this .action and filed his narr. on March 15th, 188,4. Two clays later arbitrators were chosen, who filed an award in his favor.
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Error to the Court of Common Pleas of Juniata county: Of July Term 1885, No. 29. Debt, by Enoch Beale against the Huston Township Cooperative Mutual Fire Insurance Company, upon a policy of fire insurance. Plaintiff brought this .action and filed his narr. on March 15th, 188,4. Two clays later arbitrators were chosen, who filed an award in his favor. Defendant appealed from this award and pleaded nil debet and covenants performed absque hoc; and also placed the ease on the trial list for the term beginning February 2d, 1885. On December 25th, 1884, a rule was entered on the defendant for a…
1Opinion of the CourtJustice Clark
The several sections of the fourth rule of the Court of Common Pleas of Juniata county must be construed together. That a judgment may, in a proper case and at a proper time, be entered under the seventeenth section of this rule, after twenty days notice of the filing of the statement of claim, under the fourteenth section, is, we think, too clear for argument. It requires but the insertion of a comma after the word “ claim ” to bring out the plain and obvious meaning of this section. It is absurd to suppose that any distinction in practice was intended to be made in the entry of judgment, in…
2Cases cited1 opinion
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- International Fin. Co. v. Magilansky Et Ux.Superior Court of Pennsylvania · 1932
- Citizens Bank of Maryland v. Broyles (In re Broyles)District Court, D. Maryland · 1993
- Curry v. NapolitanoSupreme Court of Pennsylvania · 1955
- Fogel v. Newberg, Pennsylvania Court of Common Pleas, Philadelphia County1940