Sellers v. Burk
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia. This was an action of covenant by James M. Sellers, the grantee (by virtue of a deed-poll of Robert Ewing, high sheriff of the county of Philadelphia,) of The Merchants’ Insurance Company of the city of Philadelphia (which was the assignee of Charles Henry Fisher and wife); against John G. Burk.
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Error to the Common Pleas of Philadelphia. This was an action of covenant by James M. Sellers, the grantee (by virtue of a deed-poll of Robert Ewing, high sheriff of the county of Philadelphia,) of The Merchants’ Insurance Company of the city of Philadelphia (which was the assignee of Charles Henry Fisher and wife); against John G. Burk. The plaintiff in his declaration recited the ownership by Charles Henry Fisher of certain real estate in Philadelphia ; the conveyance thereof by said Fisher to the defendant on the 1st of March 1853, in fee, reserving 'a ground-rent of $84 payable…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The question in this case is, whether the judgment for want of a plea in Howland v. The Merchants’ Insurance Company, was interlocutory or final. Under our short method of pleading and entering judgments, it becomes necessary in determining this point, to examine into the various kinds of judgments, and particularly those by default.
By the Act of March 20th 1724-5, upon the return of the writ of summons, if the defendant has been served ten days, and the plaintiff had filed his declaration in the office of the prothonotary, within the space of…
2Cases cited4 opinions
- Vanatta v. AndersonSupreme Court of Pennsylvania · 1811
- Watkins v. PhillipsSupreme Court of Pennsylvania · 1837
- Oliphant v. FerrenSupreme Court of Pennsylvania · 1832
- McClung v. Murphy, Pennsylvania Court of Common Pleas, Philadelphia County1838
3Cited by3 opinions
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- In Re AsheUnited States Bankruptcy Court, M.D. Pennsylvania · 1981
- Helffrich v. GreenbergSupreme Court of Pennsylvania · 1903