O'Donnell v. Neely
Superior Court of Pennsylvania
Appeal, No. 348, Oct. T., 1916, by defendant, from orders of Municipal Court, Philadelphia Co., July T., 1916, No. 11, discharging defendant’s rule for judgment for want of a sufficient statement, and in making absolute plaintiff’s rule for judgment for want of an answer in case of Frank J. O’Donnell y. Robert A. Neely. Rule for judgment for want of a sufficient statement. Rule for judgment for want of an answer.
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Appeal, No. 348, Oct. T., 1916, by defendant, from orders of Municipal Court, Philadelphia Co., July T., 1916, No. 11, discharging defendant’s rule for judgment for want of a sufficient statement, and in making absolute plaintiff’s rule for judgment for want of an answer in case of Frank J. O’Donnell y. Robert A. Neely. Rule for judgment for want of a sufficient statement. Rule for judgment for want of an answer. Defendant’s rule for judgment was as follows: “And now, September 21, 1916, the defendant, by his attorney, J. M. Mitcheson, Esq., moves the court for judgment for want of a…
1Opinion of the Court
-Opinion by
Williams, J.,
The statement of claim avers, inter alia, that on January 4,1912, the plaintiff, the owner of premises No. 2312 Tioga street, Philadelphia, executed his bond to a building association for the payment of $1,500, and, as collateral security therefor, executed a mortgage secured upon the premises; that in 1913 the defendant agreed to purchase the property under and subject to said mortgage, and by deed dated October 31, 1913, plaintiff conveyed the premises to one Pennington “under and subject” to the payment of a mortgage of $3,500, and a second mortgage of $1,500 above…
2Cases cited7 opinions
- Hogg v. LongstrethSupreme Court of Pennsylvania · 1881
- Chestnut Street National Bank v. EllisSupreme Court of Pennsylvania · 1894
- Theobald v. SylvesterSuperior Court of Pennsylvania · 1905
- Grand Council of Pennsylvania Royal Arcanum v. CorneliusSupreme Court of Pennsylvania · 1901
- Landreth v. McCaffreySuperior Court of Pennsylvania · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Provident Trust Co. v. Judicial B. & L. Assn.Superior Court of Pennsylvania · 1933
- Securities Guaranty Corp. v. Pacheto Co.Superior Court of Pennsylvania · 1933
- Roma E Provincia Building & Loan Ass'n v. PenzaSuperior Court of Pennsylvania · 1934
- Wood v. U. S. Natl. B. & L. Assn.Superior Court of Pennsylvania · 1931
- Hinton v. HintonSuperior Court of Pennsylvania · 1929
5 more not listed; retrieve them via the Exa API.