Kaplan v. Baron
Superior Court of Pennsylvania
Appeal, No. 293, Oct. T., 1917, by Gottlieb Holm, from judgment of Municipal Court, Philadelphia Co., Oct. T., .1916, No. 572, for plaintiff on case tried by the court without a jury in suit of Hyman Kaplan v. Isaac Baron, Morris Schwartz and Gottlieb Kohn. Trial to determine amount due on a judgment which the court had directed to be opened. The opinion of the Superior Court states the facts.
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Appeal, No. 293, Oct. T., 1917, by Gottlieb Holm, from judgment of Municipal Court, Philadelphia Co., Oct. T., .1916, No. 572, for plaintiff on case tried by the court without a jury in suit of Hyman Kaplan v. Isaac Baron, Morris Schwartz and Gottlieb Kohn. Trial to determine amount due on a judgment which the court had directed to be opened. The opinion of the Superior Court states the facts. Error assignedamong others, was “in proceeding with the trial of said case without a jury.”
1Opinion of the Court
Opinion by
Williams, J.,
' Plaintiff sued'appellant and two others on a lost judgment note. February 21, 1917, judgment was entered for want of an answer.' April 24, a fi'. fa',, issued against appellant,' who filed a petition to have the judg*516ment opened or stricken off. May 29, the court discharged the rule to strike off, and made absolute the rule to open. June 1st, depositions Avere filed and the case AAras put upon the trial list without the filing of an answer to the plaintiffs statement. June 19, appellant filed a petition for a jury trial Avhich was refused the same day. June 20, at…
2Cases cited3 opinions
- Cutler's EstateSupreme Court of Pennsylvania · 1909
- Ruch v. YorkSupreme Court of Pennsylvania · 1911
- McCutcheon ex rel. Gregg v. AllenSupreme Court of Pennsylvania · 1880
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- McWilliams's EstatePennsylvania Orphans' Court, Crawford County · 1924
- Werner v. Werner Donaldson Transfer & Storage Co., Pennsylvania Court of Common Pleas, Alleghany County1972