Legal Opinion · Concurrence

Holly v. Travis

Supreme Court of Pennsylvania

Decided April 12, 1920No. Appeal, No. 38Published

Appeal, No. 38, Jan. T., 1920, from judgment of Superior Ct., March T., 1919, No. 24, reversing judgment of C. P. Lackawanna Co., June T., 1918, No. 181, affirming judgment of alderman, in case of S. M. Holly, otherwise known as Lottie Holly v. Wallie Travis. Appeal from judgment of Superior Court. See Holly v. Travis, 71 Pa. Superior Ct. 527. The Superior Court reversed the judgment of the court of common pleas.

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Appeal, No. 38, Jan. T., 1920, from judgment of Superior Ct., March T., 1919, No. 24, reversing judgment of C. P. Lackawanna Co., June T., 1918, No. 181, affirming judgment of alderman, in case of S. M. Holly, otherwise known as Lottie Holly v. Wallie Travis. Appeal from judgment of Superior Court. See Holly v. Travis, 71 Pa. Superior Ct. 527. The Superior Court reversed the judgment of the court of common pleas. See opinion of latter court in 19 Lackawanna Jurist 169, by Newcomb, J. Plaintiff appealed. Error assigned was, inter alia, judgment of Superior court, reversing judgment of common…

1Concurrence

Concurring Opinion by

Mr. Justice Simpson :

I concur in the judgment in this case for the additional reason that the matter is controlled by section 16 of the Act of July 9, 1901, P. L. 614, which provides that “Writs issued by a magistrate, justice of the peace or alderman shall be served in the county wherein they are issued, by the constable or other officer to whom given for service, in the same manner and with like effect as *145similar writs are served by tbe sheriff when directed to him by the proper court.” This act was passed for the express purpose of promoting uniformity, by section 17…

2Cases cited4 opinions

  1. Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
  2. Holly v. TravisSuperior Court of Pennsylvania · 1919
  3. Moench v. YoungNew York Court of Common Pleas · 1890
  4. Roberts v. . DonnellNew York Court of Appeals · 1865

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