Burnet v. Smith
Superior Court of Pennsylvania
Appeal, No. 133, Oct. T., 1905, by defendant, from judgment of C. P. No. 5 Phila. Có., Dec. T., 1904, No. 2781, on demurrer to statement in case of Philip Burnet, Jr., and George E. Saulsbury, trading as Burnet & Saulsbury, v. Carl E. Smith. Demurrer to statement. The opinion of the Superior Court states the case. The court entered judgment for plaintiff on the demurrer. ' Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Beaver,-J.,
This case was submitted upon the paper-books, without argument. The sufficiency of the plaintiffs’ statement of claim, raised upon demurrer, is the only question presented by the record. It is essential, therefore, to ascertain just what, the statement avers, the facts averred being, of course, admitted by the demurrer. These are :
1. That a suit was instituted by plaintiffs against defendant *474before a justice of the peace in the county of Sussex and state of Delaware.
2. That the justice had jurisdiction of the premises.
3. That a summons was duly issued and served upon the…
2Cases cited2 opinions
- Snyder v. WiseSupreme Court of Pennsylvania · 1848
- Rowley v. CarronSupreme Court of Pennsylvania · 1887