Legal Opinion

United States Shipping Board Emergency Fleet Corp. v. Vivian

Superior Court of Pennsylvania

Decided October 27, 1921No. Appeal, No. 209PublishedCited by 1 opinion

Appeal, No. 209, Oct. T., 1921, by defendant, from judgment of O. P. No. 1, Phil a. Co., June T., 1921, No. 2614, discharging rule to strike off judgment in the case of United States SMpping Board Emergency Fleet Corporation to the use of Charles F. Eggleston, v. James Vivian. Amicable action in ejectment. Rule to strike off judgment. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed.

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Appeal, No. 209, Oct. T., 1921, by defendant, from judgment of O. P. No. 1, Phil a. Co., June T., 1921, No. 2614, discharging rule to strike off judgment in the case of United States SMpping Board Emergency Fleet Corporation to the use of Charles F. Eggleston, v. James Vivian. Amicable action in ejectment. Rule to strike off judgment. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court. Cochran v. Pew et al., 159 Pa. 184; Vito v. Birkel, 209 Pa. 207; Teufel v. Rowan, 179 Pa. 408. Wills v.…

1Opinion of the Court

Opinion by

Linn, J.,

This appeal is from an order refusing to strike off a judgment in ejectment entered in an amicable action by a landlord against his tenant and to set aside a writ of habere facias possessionem. The judgment was entered upon a record consisting of an agreement for amicable action in ejectment, an affidavit that defendant was not in the military or naval service of the United States or of the State of Pennsylvania, a copy of the notice to vacate the premises and surrender possession served by the landlord upon the tenant, an affidavit of service of such notice, together with…

2Cases cited10 opinions

  1. Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
  2. Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
  3. Vito v. BirkelSupreme Court of Pennsylvania · 1904
  4. Breden v. GillilandSupreme Court of Pennsylvania · 1871
  5. Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889

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3Cited by1 opinion

  1. Lincoln Bank v. Gem City Wholesale Grocery Co.Supreme Court of Pennsylvania · 1926

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