Chambers v. Smith
Supreme Court of Pennsylvania
Appeal, No. 36, Oct. T., 1897, by defendant, from order of C. P. Washington Co., Aug.'T., 1896, No. 28, making absolute a rule for judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense.
Read the full summary
Appeal, No. 36, Oct. T., 1897, by defendant, from order of C. P. Washington Co., Aug.'T., 1896, No. 28, making absolute a rule for judgment for want of a sufficient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Plaintiff’s statement was as follows: On November 7, 1895, the plaintiff executed and delivered to O. P. Irvine and John Chambers, of Allegheny county, Pennsylvania, a lease for oil and gas purposes, of a certain tract of land in said lease described. A copy of said lease is hereto attached and made part hereof. Said lease, among others,…
1Opinion of the Court
Pee Cueiám,
The only question presented by the assignments of error is: Whether the court erred in entering judgment against the defendant for want of a sufficient affidavit of defense?
We find nothing in the record that would have warranted the court in sending the case to.a jury. On the contrary, its action in sustaining the motion for judgment is amply vindicated in the opinion sent up with tire record; and on that opinion, the judgment is affirmed.
2Cited by2 opinions
- Stevens v. SmithSupreme Judicial Court of Maine · 1936
- Succession of LabosterieLouisiana Court of Appeal · 1916