O'Donnell v. Producers & Refiners Oil Co.
Superior Court of Pennsylvania
Appeal, No. 190, April T., 1917, by Margaret O’Donnell, from order of O. P. Butler Co., June T., 1915, No. 11, sustaining demurrer to statement of claim in Estate of Dennis O’Donnell v. The Producers & Refiners Oil Company. Trespass in the nature of trover and conversion for the taking of oil.
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Appeal, No. 190, April T., 1917, by Margaret O’Donnell, from order of O. P. Butler Co., June T., 1915, No. 11, sustaining demurrer to statement of claim in Estate of Dennis O’Donnell v. The Producers & Refiners Oil Company. Trespass in the nature of trover and conversion for the taking of oil. Plaintiff’s statement was as follows: 1st. Patrick O’Donnell, late of said Township of Donegal, died testate on the 30th of May, 1877, seized and in possession of ninety (90) acres of land, more or less, in said township. By the terms of his will probated August 15, 1883, recorded in said County of…
1Opinion of the Court
Opinion bt
Head, J.,
When this case was heard in open court a motion to quash the appeal was filed and pressed by counsel. The ground was the writ of this court issued later than six months after the entry of the final judgment appealed from. The disposition of this motion requires a statement of what the record shows.
The action is trespass in the nature of trover and conversion. To the plaintiff’s declaration the defendant replied with a demurrer. The plaintiff did not join in the issue of law thereby tendered. When the learned court below undertook to dispose of the case, the parties had not…
2Cited by1 opinion
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