Lazarus v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 91, Jan. T., 1910, by defendant, from order of C. P. Luzerne Co., Oct. T., 1908, No. 1,180, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George Lazarus et al. v. Lehigh & Wilkes-Barre Coal Company. Assumpsit for value of coal mined. Before Garman, J. The facts appear in the opinion of the Supreme Court. Error assigned among others was in making absolute rule for judgment for want of sufficient affidavits of defense.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Counsel for appellant here contends that the court below erred in entering judgment against it for want of a sufficient affidavit of defense. The action was assumpsit, to recover the value of coal mined from a small tract of land, containing some two acres, 143 perches, forming part of a much larger tract of coal, operated under a lease from plaintiff’s predecessors in title, to the assignors of the defendant company. The statement of claim filed by plaintiffs sets forth the lease in question, the rights of the plaintiffs thereunder, the rights and liabilities of…
2Cited by2 opinions
- Lazarus v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1914
- Lazarus v. Lehigh & Wilkes-Barre Coal Co.Supreme Court of Pennsylvania · 1914