Legal Opinion

Clark v. Clark

Supreme Court of Pennsylvania

Decided February 22, 1897No. Appeal, No. 537PublishedCited by 8 opinions

Appeal, No. 537, Jan. T., 1896, by defendant, Junius 11. Clark, from decree of C. P. No. 1, Pbila. Co., March T., 1896, No. 1262, on bill in equity. Bill in equity for an account.

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Appeal, No. 537, Jan. T., 1896, by defendant, Junius 11. Clark, from decree of C. P. No. 1, Pbila. Co., March T., 1896, No. 1262, on bill in equity. Bill in equity for an account. The defendant filed a demurrer setting forth as grounds of demurrer: (1) that said court has no jurisdiction of said bill, because it shows that the oil-producing properties for which complainant asks an accounting and claims to be a cotenant of, are situate in McKean county, Pennyslvania, and her said bill contains no averment that any of said property is in Philadelphia county; (2) that said court has no…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The record of this case is discreditably careless in its makeup, and presents irregularities that have given us much unnecessary trouble to disentangle. The appellant filed an answer, and it appears that the case was heard on bill, answer and proofs in- open court some time in June, 1896, and a decree made. This decree, from the negligence of the clerk or other unexplained reason, does not appear on tbe record but it seems to have included an order to account, for on October 24, 1896, after'the certiorari was brought into the office, the court filed a formal…

2Cases cited2 opinions

  1. Fennell v. GuffeySupreme Court of Pennsylvania · 1893
  2. Jennings Bros. & Co. v. BealeSupreme Court of Pennsylvania · 1893

3Cited by8 opinions

  1. Schmaltz v. York Manufacturing Co.Supreme Court of Pennsylvania · 1902
  2. Caldwell v. UlshIndiana Supreme Court · 1916
  3. Lehigh & New England Railroad v. HanhauserSupreme Court of Pennsylvania · 1908
  4. Hanna v. ClarkSupreme Court of Pennsylvania · 1899
  5. Waynesburg Borough's North WardSuperior Court of Pennsylvania · 1905

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