Overseers of the Poor v. Overseers of the Poor
Superior Court of Pennsylvania
Appeal, No. 69, Oct. T., 1898, by defendant, from decree of Q. S. Northumberland Co., May Sess., 1897, No. 1, affirming order of removal. Appeal from order of removal of William M. Fry and family made by two justices of the peace for the county of Northumberland.
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Appeal, No. 69, Oct. T., 1898, by defendant, from decree of Q. S. Northumberland Co., May Sess., 1897, No. 1, affirming order of removal. Appeal from order of removal of William M. Fry and family made by two justices of the peace for the county of Northumberland. Before Savidge, P. J. It appears from the record that William M. Fry, wife and family entered into an agreement with Daniel Clinger who resided in the borough of Milton and owned farms in the township of Chillisquaque, which farms he farmed by hired help. By this agreement (which was lost but the contents established by parol), Fry…
1Opinion of the Court
Opinion bt
Rice, P. J.,
The fact that both parties to the instrument under which William Fry entered and occupied the Clinger premises testified that the house was not rented to the former and that no rent was reserved or paid is not conclusive of the question upon which this case turns. The contract was in writing and, although lost, its contents were satisfactorily proved. Therefore, the court was clearly right in holding, that it was its province, and not that of the witnesses, to construe it. Nor is the fact, that, in the instrument itself, the parties speak of it as a lease, conclusive of…
2Cases cited11 opinions
- Bussman v. GansterSupreme Court of Pennsylvania · 1872
- Poor District v. Poor DistrictSuperior Court of Pennsylvania · 1897
- Overseers of the Poor of Elderton Borough v. Overseers of the Poor of Plumcreek TownshipSuperior Court of Pennsylvania · 1896
- Overseers of the Poor of Spring Township v. Overseers of the Poor of Walker TownshipSuperior Court of Pennsylvania · 1896
- Mitchell v. Commonwealth ex rel. LucasSupreme Court of Pennsylvania · 1860
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3Cited by1 opinion
- Poor District of Shrewsbury Township v. Poor District of Shrewsbury TownshipSuperior Court of Pennsylvania · 1902