Legal Opinion

Deihm v. Snell

Supreme Court of Pennsylvania

Decided March 19, 1888No. 232PublishedCited by 32 opinions

ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 232 January Term 1887, Sup. Ct.; court below, No. 204 March Term 1884, C. P. On February 13,1884, there was filed by the defendant an appeal from the judgment of a justice of the peace in favor of John R. Deihm against Jasper Snell, for $56.87, being the balance on a due bill given by the defendant to the plaintiff.

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ERROR TO THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY. No. 232 January Term 1887, Sup. Ct.; court below, No. 204 March Term 1884, C. P. On February 13,1884, there was filed by the defendant an appeal from the judgment of a justice of the peace in favor of John R. Deihm against Jasper Snell, for $56.87, being the balance on a due bill given by the defendant to the plaintiff. At the trial in the Court of Common Pleas on September 21, 1886, the case of the plaintiff having been closed, the defendant offered proofs under his plea of set-off, of the facts following: That on April 9,1875, a…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

Tbe assignments of error raise a question of jurisdiction. Tbe action originated before a justice of tbe peace and was *323for the recovery of the balance due on a note given on the 21st August, 1878, for $83.90. The justice entered judgment against the defendant on the 28th January, 1884, for $56.87. The defendant appealed, and in the Common Pleas pleaded set-off. On the trial he gave in evidence, under objection, a contract between himself and Snell, bearing date on the 9th April, 1875, duly signed and sealed, which, after reciting that he had sold to Deihm a lot of…

2Cases cited4 opinions

  1. Collins v. CollinsSupreme Court of Pennsylvania · 1861
  2. Moore v. WaitSupreme Court of Pennsylvania · 1807
  3. Owen v. ShelhamerSupreme Court of Pennsylvania · 1810
  4. Bergman v. RobertsSupreme Court of Pennsylvania · 1868

3Cited by32 opinions

  1. Swain v. BradySuperior Court of Pennsylvania · 1902
  2. Bauman v. BittnerSuperior Court of Pennsylvania · 1943
  3. Crowell Office Equipment v. KrugSuperior Court of Pennsylvania · 1968
  4. Katch v. Benton Coal Co.Superior Court of Pennsylvania · 1902
  5. Byers v. OlanderSuperior Court of Pennsylvania · 1947

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