Kalincsak v. Russian Orthodox Catholic Mutual Aid Society
Superior Court of Pennsylvania
Appeal, No. 144, Oct. T., 1916, by plaintiff, from judgment of C. P. Northampton Co., Nov. T., 1912, No. 3, on verdict for defendant in case of Afina Kalincsak v. The Russian Orthodox Catholic Mutual Aid Society, U. S. A. Assumpsit for death benefits.
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Appeal, No. 144, Oct. T., 1916, by plaintiff, from judgment of C. P. Northampton Co., Nov. T., 1912, No. 3, on verdict for defendant in case of Afina Kalincsak v. The Russian Orthodox Catholic Mutual Aid Society, U. S. A. Assumpsit for death benefits. Before Stewart, P. J. The statement of the question involved was as follows: (a) Is a plaintiff wife an “heir” within the meaning - of an appendix to a by-law which reads as follows: 47— Note. — “If his last confession was administered to the member by a nonorthodox priest, or if he was buried by a nonorthodox priest, unless this was done from…
1Opinion of the Court
Opinion by
Williams, J.,
In the consideration of the appellee's motion to qnash we find the following violations of our rules: (1) The statement of the question involved covers an entire page contrary to Rule 23: McMellen v. Williamson, 32 Pa. Superior Ct. 263; Cayuga B. & L. Assn. v. MacMullen, 46 Pa. Superior Ct. 94; and also sets out unnecessary details in violation of the same rule. (2) None of the four assignments of error filed complies with our rules, in that the order of the court below, overruling plaintiff's motion for judgment n. o. v., is not contained therein: Com. v. Mackey, 34…
2Cases cited4 opinions
- Commonwealth v. MackeySupreme Court of Pennsylvania · 1907
- McMellen v. WilliamsonSuperior Court of Pennsylvania · 1906
- Monongahela Natural Gas Co. v. Ellwood Natural Gas & Oil Co.Superior Court of Pennsylvania · 1910
- Cayuga Building & Loan Ass'n v. MacMullenSuperior Court of Pennsylvania · 1911