McIntosh v. Dierken
Supreme Court of Pennsylvania
Appeal, No. 60, Oct. T., 1908, by plaintiffs, from judgment of C. P. Butler Co., Sept. T., 1907, No. 92, on verdict for defendant in case of Edward E. McIntosh and Addie McIntosh v. Daniel Dierken. Trespass to recover damages for taking oil. Before Gal-breath, P. J. Verdict and judgment for defendant. Plaintiffs appealed. Errors assigned were various instructions.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
All that has been said at No. 59, October Term, 1908, ante, p. 606, applies generally to the present case. This is also a joint action and if one of the parties to such an action fails to make out a case or commits acts which estop him from asserting his claim, the right to a joint recovery is defeated, and the action falls. Whether this might have been cured by an amendment, it is unnecessary to determine, for no such application has been made. The learned counsel for appellants stand upon the legal rights of the parties and contend that neither Edward nor his…
2Cited by3 opinions
- Darbrinsky v. Pennsylvania Co.Supreme Court of Pennsylvania · 1915
- Myers v. Plummer, Pennsylvania Court of Common Pleas, Montgomery County1934
- Peterson v. McNeely, Pennsylvania Court of Common Pleas, Montgomery County1934