Sedden v. McBride
Supreme Court of Pennsylvania
Appeal, No. 65, Oct. T., 1904, by defendants, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 869, on demurrer to return in case of J. J. Sedden et al. v. Hugh McBride et al. and the National. Beneficial Association. Petition for mandamus.. The opinion of the Supreme Court states the case. Error assigned was in awarding writ of peremptory mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The answer of the defendants to the petition of the plaintiffs was traversed, but the traverse was withdrawn and a de*430murrer filed to the return or answer. The judgment for the appellees, by which they were awarded a writ of peremptory mandamus, was on their demurrer, as is admitted by both sides. Without such an admission we could not gather from the record exactly what the court did, but with it the appeal is to be disposed of as being from a judgment for the plaintiffs below on their demurrer to the return or answer of the defendants.
The National Beneficial…
2Cited by3 opinions
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- Marlin v. Indiana BoroughSuperior Court of Pennsylvania · 1915
- Myers v. Plummer, Pennsylvania Court of Common Pleas, Montgomery County1934