Amsler v. McClure
Supreme Court of Pennsylvania
Appeal, No. 100, Oct. T., 1912, by defendant, from decree of O. P. Allegheny Co., July T., 1911, No. 758, entering judgment for plaintiff in the case of Bertha M. Amsler, surviving executor of the last will and testament of Carl Amsler, v. George W. McClure. Bill in equity praying for discovery and to recover the balance due on a contract.
Read the full summary
Appeal, No. 100, Oct. T., 1912, by defendant, from decree of O. P. Allegheny Co., July T., 1911, No. 758, entering judgment for plaintiff in the case of Bertha M. Amsler, surviving executor of the last will and testament of Carl Amsler, v. George W. McClure. Bill in equity praying for discovery and to recover the balance due on a contract. There being no ground for equitable jurisdiction, the case was tried as an action at law under the Act of June 7, 1907, P. L. 440. Before Evans, J. The facts are stated in the opinion of the Supreme Court. The court filed a decree directing that judgment be…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This ease was commenced by a bill in equity asking for discovery. The learned court below states, “That is the only averment of the plaintiff’s bill which gave equity jurisdiction, and had the defendant at the close of the plaintiff’s case asked the court to dismiss the bill for want of jurisdiction it would have been compelled to do so; but the question of jurisdiction was not then nor has it since been raised. By the terms of the Act of June 7, 1907, P. L. 440, there being no equitable relief to which the plaintiff is entitled,......the case becomes an…
2Cited by5 opinions
- Tustin v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1915
- Lucacher v. KersonSupreme Court of Pennsylvania · 1946
- Dimmick v. Banning, Cooper & Co.Supreme Court of Pennsylvania · 1917
- Nies v. Metropolitan Casualty InsuranceSupreme Court of Pennsylvania · 1935
- Rothschild v. Trexler Co.Superior Court of Pennsylvania · 1923