Hughes v. Antill
Superior Court of Pennsylvania
Appeal, No. 38, April T., 1903, by defendants, from decree of C. P. Greene Co., No. 38, on bill in equity in case of W. T. Hughes and J. B. Orndoff v. Harvey Antill and Elizabeth Antill. Bill in equity for specific performance. From the record it appeared that on August 31, 1899, Harvey Antill and his wife executed in duplicate an option to sell coal to J. S. White, his “heirs and assigns.” Mrs. Antill did not acknowledge the option.
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Appeal, No. 38, April T., 1903, by defendants, from decree of C. P. Greene Co., No. 38, on bill in equity in case of W. T. Hughes and J. B. Orndoff v. Harvey Antill and Elizabeth Antill. Bill in equity for specific performance. From the record it appeared that on August 31, 1899, Harvey Antill and his wife executed in duplicate an option to sell coal to J. S. White, his “heirs and assigns.” Mrs. Antill did not acknowledge the option. In one of the copies the agreement was to sell “ all coal and coal rights of Pittsburg or River vein.” In the other copy the language was “ all coal and coal…
1Opinion of the Court
Opinion by
Smith, J.,
The errors alleged in the specifications relating to the form of notice are not properly assigned. Furthermore the form of notice given in this case is not set forth in connection with any specification, hence we cannot determine the question of its conformity with the equity rules. But aside from this, they are without merit. The copy of the bill, with the indorse*294ment of notice to appear, provided by the equity rules, is a substitute for the subpoena issued under the earlier practice. In character, purpose and effect, it does not differ from a summons at law. It is the…
2Cases cited11 opinions
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
- Burk's AppealSupreme Court of Pennsylvania · 1874
- Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
- Cassidy v. KnappSupreme Court of Pennsylvania · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Detwiler v. CaponeSupreme Court of Pennsylvania · 1947
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- Taylor v. McCaffertySuperior Court of Pennsylvania · 1905
- Candy v. KeanSuperior Court of Pennsylvania · 1946
- Whiteside v. WinansSuperior Court of Pennsylvania · 1905
3 more not listed; retrieve them via the Exa API.