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Southern L. S. Co. v. Baker, (No. 1)

Southern Lime & Stone Co. v. Baker, Appellant

Southern L. S. Co. v. Baker, (No. 1), 127 A. 764 (Pa. 1925)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
January 12, 1925
Docket
Nos. 1; 82
Judges
PER CURIAM, January 12, 1925:
Citations
127 A. 764282 Pa. 2041925 Pa. LEXIS 597

Opinion of the Court — Per Curiam

Per Curiam, And now, January 12, 1925, it appearing, by the petition and answer filed in this, case, that there is a disputed fact of the character hereinafter set forth, which, has not been heard and determined and may affect ap-. pellant’s claim to have the judgment against him stricken from the record, it is ordered that the judgment heretofore entered by this court be amended so as to read as follows: “The order of the court below is reversed and the record is remitted with a direction to strike off the judgment against appellant, unless appellee shall, within ten days after a return of the record, pay the costs of the present appeal and petition the court below to award an issue to determine the fact as to whether or not appellant endorsed the note in suit with the intention of being personally bound by the provisions of the warranty of attorney printed on the back of the note above his signature, and if, after answer filed and deposition^ taken, it appears that this alleged fact is disputable, to award an issue to have the question determined by a jury in due course, the existing judgment (the -lien of which is to remain pending the proceedings hereby authorized), to be sustained or stricken off as the event of said issue shall justify; either party to have the right of appeal from the final action of the court below as in other cases.”

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 11939: 11954: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Dime Bank Trust Co. of Pittston v. O'Boyle6 A.2d 106 (Pa. 1939)
  2. Horner Sales Corp. v. Motor Sport, Inc.105 A.2d 285 (Pa. 1954)
  3. Miners State Bank v. Auksztokalnis128 A. 726 (Pa. 1925)

Most recent

  1. Horner Sales Corp. v. Motor Sport, Inc.105 A.2d 285 (Pa. 1954)
  2. Dime Bank Trust Co. of Pittston v. O'Boyle6 A.2d 106 (Pa. 1939)
  3. Miners State Bank v. Auksztokalnis128 A. 726 (Pa. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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