Commonwealth v. Gould
Superior Court of Pennsylvania
Appeal, No. 242, Oct. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1909, No. 1,440, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Harry L. Randal v. Isador M. Gould and the National Surety Company. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 242, Oct. T., 1909, by plaintiff, from order of C. P. No. 1, Phila. Co., June T., 1909, No. 1,440, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Harry L. Randal v. Isador M. Gould and the National Surety Company. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action brought on a bond, dated December 22, *3181908, given by the defendants on an appeal to the Supreme' Court from a judgment in a suit in ejectment against the said Isidor M. Gould in the court of common pleas No. 2 of Philadelphia county. After the affirmance of the judgment in that case, the present action was brought to recover the mesne profits on the real estate in controversy in the ejectment suit. The learned court below, on argument and consideration, refused to enter judgment in the present case for want of a sufficient affidavit of defense and…
2Cases cited5 opinions
- Kidder Elevator Interlock Co. v. MuckleSupreme Court of Pennsylvania · 1901
- Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894
- Shea v. WellsSuperior Court of Pennsylvania · 1898
- Arnold v. StonerSuperior Court of Pennsylvania · 1901
- 2 Assistance Building & Loan Ass'n v. WampoleSuperior Court of Pennsylvania · 1897
3Cited by1 opinion
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912