Stilwell v. Smith
Supreme Court of Pennsylvania
Appeal, No. 273, Jan. T., 1906, by defendants, from judgment of C. P. York Co., Oct. T., 1903, No. 53, for plaintiff on trial by court without a jury in case of William H. Stilwell v. C. Elmer Smith, S. Fahs Smith, S. Perdon Miller and Susan E. Etnier, Executors of last will and Testament of S. Morgan Smith, deceased. Assumpsit on a foreign judgment.
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Appeal, No. 273, Jan. T., 1906, by defendants, from judgment of C. P. York Co., Oct. T., 1903, No. 53, for plaintiff on trial by court without a jury in case of William H. Stilwell v. C. Elmer Smith, S. Fahs Smith, S. Perdon Miller and Susan E. Etnier, Executors of last will and Testament of S. Morgan Smith, deceased. Assumpsit on a foreign judgment. The case was tried by agreement by the court without a jury under the Act of April 22, 1874, P. L. 108. The facts are stated in the opinion of the Supreme Court. Error assigned among others was (1) the admission of the record of the judgment of…
1Opinion of the Court
Opinion by
Mr Justice Potter,
This was an action of assumpsit brought by the plaintiff against the executors of S. Morgan Smith, deceased, upon the record of a judgment obtained against S. Morgan Smith, in the district court of Maricopa county, territory of Arizona, and duly certified according to the provisions of the act of congress. The case was tried by agreement of the parties before the court of common pleas of York, county, Pennsylvania, without a jury, and resulted in the entry of judgment in favor of plaintiff for the sum of $3,057.55 and costs. Exceptions to the findings of fact and…
2Cases cited6 opinions
- Mitchell v. OvermanSupreme Court of the United States · 1881
- Borer v. ChapmanSupreme Court of the United States · 1887
- Guthrie v. LowrySupreme Court of Pennsylvania · 1877
- Fitzgerald v. StewartSupreme Court of Pennsylvania · 1867
- Hughes v. SchreinerSupreme Court of Pennsylvania · 1902
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3Cited by15 opinions
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- Higbee EstateSupreme Court of Pennsylvania · 1953
- Mitchell, Receiver of the Liberty Clay Products Co.Supreme Court of Pennsylvania · 1927
- Hunt v. SnyderSupreme Court of Pennsylvania · 1918
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