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MCELWAIN v. MYERS (05/23/51)

May 23, 1951

MCELWAIN, APPELLANT,
v.
MYERS



Appeal, No. 18, March T., 1951, from judgment of Court of Common Pleas of Fayette County, June T., 1949, No. 428, in case of Emma S. McElwain, Admrx., Estate of Clarence W. McElwain, deceased v. Kimmel C. Myers. Judgment affirmed.

COUNSEL

Samuel J. Freigus, with him Wade K. Newell, for appellant.

William B. Parshall, with him Henderson, Parshall & Crow, for appellee.

Before Drew, C.j., Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.

[ 367 Pa. Page 350]

OPINION PER CURIAM

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the non-suit. The

[ 367 Pa. Page 351]

    judgment is therefore affirmed on the opinion of President Judge CARR for the court en banc.

Judgment affirmed.

Disposition

A majority of the members of this Court who heard this case are of the opinion that the learned court below was correct in refusing to take off the non-suit. The judgment is therefore affirmed on the opinion of President Judge CARR for the court en banc.

Judgment affirmed.

19510523 ...


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