Fennell v. Guffey
Supreme Court of Pennsylvania
Appeal, No. 189, Oct. T., 1892, by defendant, James M. Guffey, from judgment of C. P. No. 2, Allegheny Co., April T., 1891, No. 625, on verdict for plaintiff. Assumpsit for rents and royalties under oil lease. The facts, as they appeared at the trial before White, J., are stated in the opinion of the Supreme Court. Error assigned, inter alia, was entering judgment for plaintiff on question reserved.
1Opinion of the Court
Per Curiam,
The first specification alleges that the court below erred in finding in favor of plaintiff and ordering judgment to be entered in his favor on the question reserved. The question reserved was as follows:
*40“The land being in Westmoreland county, and neither the lessee, Beardsley, nor his assignee, Guffey, ever having entered into possession or done anything on the premises under the lease, can the action be sustained in Allegheny county?”
The action, while in form assumpsit, was in substance an action of covenant upon the lease. The common pleas of Allegheny county has general…
2Cases cited2 opinions
- Fennell v. GuffeySupreme Court of Pennsylvania · 1891
- Putney v. CollinsSupreme Court of Pennsylvania · 1859
3Cited by20 opinions
- Stackhouse v. CommonwealthSupreme Court of Pennsylvania · 2003
- Hohlstein v. HohlsteinSuperior Court of Pennsylvania · 1972
- Seligsohn AppealSupreme Court of Pennsylvania · 1963
- White v. Rio Grande Western Railway Co.Utah Supreme Court · 1903
- First Nationall Bank v. DissingerSupreme Court of Pennsylvania · 1920
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