Legal Opinion

Hartford v. Smith

Court of Appeals for the Third Circuit

Decided October 30, 1912No. 1,609PublishedCited by 1 opinion

In Error to the District Court of the United States for the Western District of Pennsylvania'; James S. Young, Judge. Action by P. C. Hartford against Roland H. Smith and another, doing business as A. J. Davis & Co. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

[1] The Pennsylvania act of 1887 (P. E. 271; 3 Pepp. & Lew. Dig. Laws, 5819, 5825) undertakes to abolish the distinctions theretofore existing between actions ex contractu and actions ex delicto, but only so far as relates to procedure. Sections 1 and 2 put this restriction affirmatively — “so far as relates to procedure” — while section 8 with greater emphasis puts it negatively as well as affirmatively:

“The true intent and meaning of this act is that * * * as to the action [evidently, actions] herein recited, it applies to the procedure onty, and the legal…

2Cases cited8 opinions

  1. Fritz v. HathawaySupreme Court of Pennsylvania · 1890
  2. Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
  3. Osborn v. First National BankSupreme Court of Pennsylvania · 1893
  4. Davis v. ThompsonSupreme Court of Pennsylvania · 1888
  5. Winkleblake v. DykeSupreme Court of Pennsylvania · 1894

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

3Cited by1 opinion

  1. Parker State Bank v. PenninggtonCourt of Appeals for the Eighth Circuit · 1925

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