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39 Pa. Super. 318

Scranton v. Koehler

Superior Court of Pennsylvania

Decided April 19, 1909

Superior Court of Pennsylvania · decided 1909-04-19

Appeal, No. 43, March T., 1909, by defendant, from order of C. P. Lackawanna Co., May T., 1903, No. 723, discharging rule to strike off judgment in case of City of Scranton v. Robert P. Koehler. Rule to strike off judgment. The opinion of the Superior Court and former report in 36 Pa. Superior Ct. 95, states the case. Error assigned was order discharging rule to strike off judgment.

Affirmed · Decided 1909-04-19

Per Curiam,

¶1This is an appeal from an order discharging the defendant’s rule to strike off a judgment of the common pleas which was affirmed by the court on appeal. It will be seen by a perusal of the opinion of our Brother Henderson on that appeal, Scranton v. Koehler, 36 Pa. Superior Ct. 95, and the opinion of the learned judge of the common pleas discharging the rule, that the question sought to be raised is res judicata so far as these parties are concerned.

¶2The order is affirmed at the costs of the appellant.

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