Widener v. Schwartz
Superior Court of Pennsylvania
Appeal, No. 85, April T., 1920, by plaintiff, from judgment of O. P. Cambria County, Sept. T., 1919, No. 872, affirming judgment of a justice of the peace, in the case of Alton Widener v. Max Schwartz, trading and doing business as Schwartz Brothers, now for use of C. W. Mosholder. Certiorari to the judgment of a justice of the peace. Before O’Connor, J. The opinion of the Superior Court states the case. The court below affirmed the judgment of the justice of the peace.
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Appeal, No. 85, April T., 1920, by plaintiff, from judgment of O. P. Cambria County, Sept. T., 1919, No. 872, affirming judgment of a justice of the peace, in the case of Alton Widener v. Max Schwartz, trading and doing business as Schwartz Brothers, now for use of C. W. Mosholder. Certiorari to the judgment of a justice of the peace. Before O’Connor, J. The opinion of the Superior Court states the case. The court below affirmed the judgment of the justice of the peace. Error assigned was the decree of the court.
1Opinion of the Court
Per Curiam,
This litigation had its inception in an action of assumpsit before an alderman, brought by Schwartz, for use of Mosholder, plaintiff, (defendant here) against Widener, the appellant, to recover for goods sold and delivered. The alderman entered judgment in favor of the plaintiff for the amount of his claim, Widener thereupon procured the case to be taken to the Court of Common Pleas of Cambria County, upon certiorari, which court affirmed the judgment of the alderman. There can be no doubt that the cause of action was within the jurisdiction of the alderman and it is equally clear…
2Cases cited5 opinions
- Holly v. TravisSuperior Court of Pennsylvania · 1919
- Huntington & Broad Top Mountain Railroad v. FlukeSuperior Court of Pennsylvania · 1906
- Pennsylvania Pulp & Paper Co. v. StoughtonSupreme Court of Pennsylvania · 1884
- Johnson v. HibbardSupreme Court of Pennsylvania · 1837
- Bauer v. AngenySupreme Court of Pennsylvania · 1882
3Cited by3 opinions
- Perroni v. ThornberrySuperior Court of Pennsylvania · 1953
- Bell AppealSupreme Court of Pennsylvania · 1959
- Bell AppealSupreme Court of Pennsylvania · 1959