Friedline v. Somerset Borough

Optntobt by

Stadtfeld, J.,

This is an appeal by plaintiff from the order of the court in directing judgment to be entered in favor of defendant, in an action of assumpsit, in default of an amended statement within .fifteen days, after sustaining an affidavit of defense in the nature of a statutory demurrer.

The statement of claim in substance alleges that plaintiff was a merchant engaged in the- jewelry business in the Borough of Somerset; that the defendant’s chief of police, acting under the authority and direction of W. H. Beachy, the burgess of said borough, acting under the direction of the…