Emerson v. Standard Protective Society

Citations

• 48 Pa. Super. 313
• 1911 Pa. Super. LEXIS 379

Syllabus

<p>Justice of the peace — Appeals—Jurisdiction—Corporations—Principal office.</p> <p>1. On an appeal from a judgment of a justice of the peace against a corporation, where the defendant has entered an appearance, pleaded non assumpsit, and gone to trial on the merits, it is too late at the conclusion of the evidenoe for it to move the court to dismiss the ease upon the ground that it could be sued only in the county where was located its principal office or chief place of business.</p> <p>Beneficial associations — Sick benefits — Illegal contract.</p> <p>2. In an action by an unmarried woman against a beneficial association to recover sick benefits, the defendant cannot set up as a defense that the sickness was due to a surgical operation resulting from pregnancy, where the defendant introduces no evidence whatever to show that the plaintiff’s condition had been brought about by criminality, or immorality on her part. In such a case the burden of proof is on the defendant to show that the act was criminal on the part of the plaintiff.</p>