Legal Opinion

Marchand v. Marsh

Supreme Court of Pennsylvania

Decided April 14, 1924No. Appeal, No. 315PublishedCited by 8 opinions

Appeal, No. 315, Jan. T., 1924, by plaintiff, from decree of C. P. No. 4, Phila. Co., Sept. T., 1922, No. 3372, dismissing bill in equity, in case of Aubrey W. Marchand v. Jésse C. Marsh and John Doughty. Bill in equity for partition.- Before McCullen, J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiff appealed. Error assigned was, inter alia, decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from a decree dismissing his bill in equity for partition. Upon his motion, the case was heard by the court below on bill and answer, without replication or proofs. By this course of procedure, he deprived defendants of an opportunity to prove the allegations of their answer, which must, therefore, be taken as true, whether introducing relevant new matter, or simply denying or qualifying the averments of the bill: Russell’s Administrator’s Appeal, 34 Pa. 258. Because of this, it is only necessary to recite a few of the facts appearing in or…

2Cases cited4 opinions

  1. Latshaw v. ShafferSupreme Court of Pennsylvania · 1888
  2. Russell's Administrator's AppealSupreme Court of Pennsylvania · 1859
  3. Love v. RobinsonSupreme Court of Pennsylvania · 1908
  4. Etters v. MusserSupreme Court of Pennsylvania · 1913

3Cited by8 opinions

  1. Shoup v. ShoupSupreme Court of Pennsylvania · 1976
  2. Harr, SEC. of Bk. v. BernheimerSupreme Court of Pennsylvania · 1936
  3. Alwine v. Valley Smokeless Coal Co.Supreme Court of Pennsylvania · 1922
  4. Di Trolio v. ParisiSupreme Court of Pennsylvania · 1935
  5. Appel v. KaufmanDistrict Court, E.D. Pennsylvania · 2010

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