Burst v. Weisenborn
Superior Court of Pennsylvania
Appeal No. 24, Jan. T., 1896, from judgment of C. P. Luzerne County, Oct. T., 1894, No. 1223, in favor of defendant, on case stated on a feigned issue. Case stated in a feigned issue to determine the right of property in a fund of $417, paid into court by the Phila. & Reading Railroad Relief Association arising from the death of John K. Weisenborn, a minor son of Adam Weisenborn, the defendant. The facts are fully set out in the opinion of the Superior Court.
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Appeal No. 24, Jan. T., 1896, from judgment of C. P. Luzerne County, Oct. T., 1894, No. 1223, in favor of defendant, on case stated on a feigned issue. Case stated in a feigned issue to determine the right of property in a fund of $417, paid into court by the Phila. & Reading Railroad Relief Association arising from the death of John K. Weisenborn, a minor son of Adam Weisenborn, the defendant. The facts are fully set out in the opinion of the Superior Court. The court below, Bennett, J., directed that judgment be entered for defendant. Error assigned was entry of judgment for defendant.
1Opinion of the Court
Opinion by
Willard, J.,
This is an appeal from the judgment of the court of common pleas of Luzerne county upon a case stated in said court. John K. Weisenborn in his lifetime was a member of an association known and styled as the Philadelphia & Reading Railroad Relief Association. Upon his death the Relief Association became'liable to pay the sum of $417.50, either to Adam Weisenborn, the father of the deceased, or to George Burst, his uncle. These two last named parties being applicants for and claiming the fund, the Relief Association on the twelfth day of September, 1894, filed its petition…
2Cases cited1 opinion
- Union Mutual Ass'n v. MontgomeryMichigan Supreme Court · 1888
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- Reiff's EstateSuperior Court of Pennsylvania · 1901
- Hunter v. Firemen's Relief & Benevolent Ass'nSuperior Court of Pennsylvania · 1902
- Carpenter v. Penna. Railroad Employes Provident & Loan Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1936
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