Matthes v. Hoffman
Citations
- 2 Monag. 1
- 1889 Pa. LEXIS 1341
Syllabus
<p>The supreme court will quash a writ of error to a judgment on a case-stated, between a county treasurer and wholesale and retail dealers in intoxicating liquors, to determine the amount of license fees due by the defendants, where the case-stated avers that the plaintiff demanded a certain sum from each defendant for their licenses, duly granted, and refused to accept a less sum, and the defendants denied their liability to pay.</p> <p>It seems that such an action is an 'hypothetical case, as the licenses would be revoked if the fees were not paid, and it does not appear by the case-stated that the money was paid into court or agreed to be treated as so paid.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- if questions involved in a case are of sufficient importance to justify this court’s resolution, they are worthy of the careful consideration of counsel presenting them
- no proper service of process where summons was left at Massachusetts residence described as defendant’s “last and usual place of abode,” but where defendant and his spouse had moved to Maryland two months prior
- sections 112 and 113 and chapter 214 afford remedy to injured plaintiff against insurer and “require as a prerequisite to suit ‘the recovery of a final judgment’ against the insured wrongdoer”
- \A valid judgment was a prerequisite\ to suit against insurer
- noting final judgment serves as prerequisite to statute affording remedy
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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