Legal Opinion

Schmidt v. Weidman

Supreme Court of Pennsylvania

Decided January 3, 1870PublishedCited by 5 opinions

Error to the District Court of Allegheny county: No. 88, to October and November Term 1869. This was an action on the case for malicious prosecution and false imprisonment, commenced August 27th 1867, by Anthony Weidman against Ludwig Schmidt, Michael Berger and Jeremiah Gumbert. A nolle prosequi was afterwards entered by the plaintiff as to Gumbert. The plaintiff was a practising attorney in Pittsburg.

Read the full summary

Error to the District Court of Allegheny county: No. 88, to October and November Term 1869. This was an action on the case for malicious prosecution and false imprisonment, commenced August 27th 1867, by Anthony Weidman against Ludwig Schmidt, Michael Berger and Jeremiah Gumbert. A nolle prosequi was afterwards entered by the plaintiff as to Gumbert. The plaintiff was a practising attorney in Pittsburg. Some time in the early part of 1867 Schmidt, one of the defendants, was indebted to Berger, the other defendant. At or about the same time Schmidt held a judgment-note for $250 against the…

1Opinion of the Court

The opinion of the court was delivered, January 3d 1870, by

Sharswood, J. —

The assignments of error are twenty-three in number. However, as the counsel for the plaintiffs in error have very properly, in their brief of argument, relied only upon two points, we may dismiss the others without examination.

The first of these is, that the court erred in refusing to affirm the several points of the defendants below, to the effect that Weidman had no authority to compromise the claim which the defendants put in his hands for collection; that he was really attorney for Berger, and not for Schmidt; that…

2Cited by5 opinions

  1. Curley v. Automobile Finance Co.Supreme Court of Pennsylvania · 1941
  2. MacDonald v. SchroederSupreme Court of Pennsylvania · 1906
  3. Fillman v. RyonSupreme Court of Pennsylvania · 1895
  4. Wenger v. PhillipsSupreme Court of Pennsylvania · 1900
  5. Lerner v. FeldermanSuperior Court of Pennsylvania · 1916

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API