Foster's Petition
Superior Court of Pennsylvania
Appeal, No. 31, April T., 1912, by W. H. H. Smyers, from order of C. P. Indiana Co., Sept. T., 1910, No. 26, entering judgment against respondent in proceedings to bring ejectment in Petition of Andrew Foster for Rule on W. H. FI. Smyers. Rule to bring ejectment.
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Appeal, No. 31, April T., 1912, by W. H. H. Smyers, from order of C. P. Indiana Co., Sept. T., 1910, No. 26, entering judgment against respondent in proceedings to bring ejectment in Petition of Andrew Foster for Rule on W. H. FI. Smyers. Rule to bring ejectment. The petitioner averred that he was the owner and in possession of a tract of land containing 118 acres and 106.9 perches; that W. H. H. Smyers, residing on adjoining farm, claims title to a portion of said tract containing from one-third to one-half acre; that petitioner and his predecessors in title, have been in possession of said…
1Opinion of the Court
Opinion by
Rice, P. J.,
This appeal is from an order, and judgment thereon, in a proceeding instituted under the Act of March 8, 1889, P. L. 10, as amended by the Act of April 16,1903, P. L. 212. It raises a question of practice of some importance. It is reasonable to hold that, where, though the respondent appears and answers, time enough remains after his answer is adjudged insufficient and the rule is made absolute to enable him to bring action within six months from the date of service of the rule, final and conclusive judgment may be entered against him, if he fails to bring his action…
2Cases cited4 opinions
- Spangler v. TroglerSupreme Court of Pennsylvania · 1910
- Platt-Barber Co. v. GrovesSupreme Court of Pennsylvania · 1899
- Utley v. CobbSuperior Court of Pennsylvania · 1910
- Kennedy's PetitionSuperior Court of Pennsylvania · 1902
3Cited by4 opinions
- Metz v. HoffmanSuperior Court of Pennsylvania · 1938
- Brewer v. CurtisSuperior Court of Pennsylvania · 1937
- Paslawski (Et Al.) v. BorysSuperior Court of Pennsylvania · 1939
- First National Bank v. Cambria County, Pennsylvania Court of Common Pleas, Cambria County1944