Legal Opinion

Kimelewski v. Commonwealth

Superior Court of Pennsylvania

Decided April 19, 1909No. Appeal, No. 7PublishedCited by 3 opinions

Appeal, No. 7, Jan. T., 1909, by plaintiff, from judgment of C. P. Luzerne Co., Feb. T., 1907, No. 498, on verdict for defendant in case of Kimelewski v. Commonwealth, at the instance of Wilkes-Barre Law & Library Association. Feigned issue on sheriff’s interpleader. Before Lynch, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendant, Plaintiff appealed, Errors assigned were in giving binding instructions for the defendant.

1Opinion of the Court

Opinion by

Rice, P. J.,

John Snesker for ten years conducted a restaurant in the building owned by John Becker. In 1906 the license was issued to Becker, but Snesker remained in possession as tenant and conducted the business, so it is claimed, as Becker’s manager. He and his family, consisting of his-wife and daughter, occupied such part of the building as was not used for saloon purposes as a residence. It is alleged that on August 25, 1906, Snesker sold to the plaintiff, who was about to marry his daughter, all of the household goods, the bar and bar fixtures and appliances and barroom…

2Cases cited3 opinions

  1. White v. GunnSupreme Court of Pennsylvania · 1903
  2. Barlow v. FoxSupreme Court of Pennsylvania · 1902
  3. Hastings v. Sproul & HastingsSuperior Court of Pennsylvania · 1899

3Cited by3 opinions

  1. Petro v. Kennedy Township Board of CommissionersCommonwealth Court of Pennsylvania · 1980
  2. Little v. FearonSuperior Court of Pennsylvania · 1912
  3. Davies v. OxenreiderSuperior Court of Pennsylvania · 1910

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