Legal Opinion

Ulrich v. Coaldale Borough

Superior Court of Pennsylvania

Decided March 6, 1913No. Appeal, No. 266PublishedCited by 8 opinions

Appeal, No. 266, Oct. T., 1912, by plaintiff, from order of C. P. Schuylkill Co., July T., 1912, No. 22, refusing to take off nonsuit in case of John O. Ulrich v. Coaldale Borough. Assumpsit for salaries as borough solicitor. Before Brtimm, J. The opinion of the Superior Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Morrison, J.,

John O. Ulrich, appellant, sued in assumpsit to collect from the borough of Coaldale, appellee, his salary as solicitor for appellee from the first Monday of March, 1908, to the first Monday of March, 1911, claiming $350 for each of said three years, payable annually under, as he alleged, a valid contract between himself and the appellee. At the close of his testimony in chief the learned trial •judge entered a compulsory nonsuit and subsequently the court refused to take it off and the appellant excepted and appealed.

No question is involved in this suit as to the fact…

2Cases cited19 opinions

  1. Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
  2. Lloyd v. SmithSupreme Court of Pennsylvania · 1896
  3. Houseman v. Commonwealth ex rel. TenerSupreme Court of Pennsylvania · 1882
  4. Commonwealth ex rel. Braughler v. WeirSupreme Court of Pennsylvania · 1895
  5. Carpenter v. Yeadon BoroughSupreme Court of Pennsylvania · 1904

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3Cited by8 opinions

  1. Finley v. McNairSupreme Court of Pennsylvania · 1934
  2. Commonwealth Ex Rel. Foreman v. HampsonSupreme Court of Pennsylvania · 1958
  3. Commonwealth v. LikeleySupreme Court of Pennsylvania · 1920
  4. Junge's Appeal. (No. 2.)Superior Court of Pennsylvania · 1926
  5. Howell v. Keeler, Pennsylvania Court of Common Pleas, Luzerne County1924

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