Peoples' Fire Insurance v. Hartshorne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 150. This was a proceeding upon a judgment obtained by the Peoples’ Fire Insurance Company, against F. M. Hartshorne and M. L. Clay, doing business as F. M. Hartshorne & Co. Upon the 4th of May 1869, F. M. Hartshorne & Co. applied to the Cumberland Yalley Mutual Protection Company for an insurance upon their planing mill, valued at $12,000 ; upon machinery and belting therein valued at $8000, and…
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Error to the Court of Common Pleas of Lycoming county: Of May Term 1877, No. 150. This was a proceeding upon a judgment obtained by the Peoples’ Fire Insurance Company, against F. M. Hartshorne and M. L. Clay, doing business as F. M. Hartshorne & Co. Upon the 4th of May 1869, F. M. Hartshorne & Co. applied to the Cumberland Yalley Mutual Protection Company for an insurance upon their planing mill, valued at $12,000 ; upon machinery and belting therein valued at $8000, and upon worked and unworked lumber therein valued at $12,000. The term of their insurance was five years from May 4th 1869.…
1Opinion of the CourtJustice Mercur
The first assignment of error cannot be sustained. The opening of a judgment to let a defendant into a defence is not a final judgment; A writ of error, therefore, will not lie: Hill v. Irwin et al., 8 Casey 314; Campbell v. Sloan, 12 P. F. Smith 481. It is urged that the decision of the court may be reviewed under the Act of 4th April 1877, Pamph. L. 53. Two objections exist to prevent the application of that act to the present case. 1. It directs that the remedy shall be “ by appeal in like manner and proceedings as equity cases are now appealed.” When thus before us, we can consider the…
2Cited by9 opinions
- Krenzelak v. KrenzelakSupreme Court of Pennsylvania · 1983
- Commonwealth Ex Rel. Greenawalt v. GreenawaltSupreme Court of Pennsylvania · 1943
- Commonwealth v. Danville Bessemer Co.Supreme Court of Pennsylvania · 1904
- Kapp v. Norfolk Southern Railway Co.District Court, M.D. Pennsylvania · 2004
- Samuel Cupples Wooden Ware Co. v. HoweSupreme Court of Pennsylvania · 1894
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