Legal Opinion

South Pittsburgh Water Co. v. Winterberger

Superior Court of Pennsylvania

Decided October 11, 1920No. Appeal, No. 70PublishedCited by 4 opinions

Appeal, No. 70, April T., 1920, by plaintiff, from judgment of C. P. Allegheny County, Oct. T., 1919, No. 1630, on certiorari to the County Court of Allegheny County, in the case of South Pittsburgh Water Company v. Christ Winterberger. Certiorari from judgment of county court. Before Cohen, J. The facts are stated in the opinion of the Superior Court. The court affirmed the judgment of the county court. Plaintiff appealed.

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Appeal, No. 70, April T., 1920, by plaintiff, from judgment of C. P. Allegheny County, Oct. T., 1919, No. 1630, on certiorari to the County Court of Allegheny County, in the case of South Pittsburgh Water Company v. Christ Winterberger. Certiorari from judgment of county court. Before Cohen, J. The facts are stated in the opinion of the Superior Court. The court affirmed the judgment of the county court. Plaintiff appealed. Error assigned, among others, was the order of the court.

1Opinion of the Court

Opinion by

Porter, J.,

Winterberger, the appellee, brought an action of trespass against the appellant, in the County Court of Allegheny County. The plaintiff in that action filed a statement of his claim and demanded a jury trial. The county court has the following rule, viz: “Rule 6. When a jury trial has been demanded by either party, any party considering himself entitled to judgment on the face of the pleadings may move the court for entry of such judgment, specifying in writing his reasons for such motion, of which two days’ notice shall be served on the adverse party. This rule applies…

2Cases cited7 opinions

  1. Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
  2. Griffith v. EshelmanSupreme Court of Pennsylvania · 1835
  3. Finch ex rel. Finch v. WhiteSupreme Court of Pennsylvania · 1899
  4. Waite v. PalmerSupreme Court of Pennsylvania · 1875
  5. Little v. FairchildSuperior Court of Pennsylvania · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Equipment Corp. of America v. Primos Vanadium Co.Supreme Court of Pennsylvania · 1926
  2. Egner v. McGinnisSuperior Court of Pennsylvania · 1945
  3. Commonwealth v. ShephardLuzerne County Court of Oyer and Terminer · 1965
  4. Stansfield v. Vanbelle, Pennsylvania Court of Common Pleas, Philadelphia County1940

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