Maloney v. Simpson
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1909, by defendants, from order of C. P. No. 3, Allegheny Co., Aug. T., 1909, No. 109, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. F. Maloney v. David Simpson and Frederick L. Schmeltz, partners doing business as Simpson & Schmeltz. Assumpsit to recover purchase money of real estate.
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Appeal, No. 181, Oct. T., 1909, by defendants, from order of C. P. No. 3, Allegheny Co., Aug. T., 1909, No. 109, making absolute rule for judgment for want of a sufficient affidavit of defense in case of M. F. Maloney v. David Simpson and Frederick L. Schmeltz, partners doing business as Simpson & Schmeltz. Assumpsit to recover purchase money of real estate. Before Davis, J. From the record it appeared that the defendants refused to accept title under the agreement of purchase, because of the invalidity of the sheriff’s sale under which plaintiff derived title. The facts appear by the opinion…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The Act of June 4, 1901, P. L. 364, sec. 18, provides for the service of process issued on municipal claims. Under that act, it is the duty of the sheriff, to whom a writ of scire facias is given for service, in case no one be found in possession of the property described, to “make inquiries of at least three persons separately residing upon or nearest thereto, as to the names and residences of the real owners of said property,” and to “add their names to the writ as parties defendant, if not already named therein,” and to serve the writ upon them. The original…
2Cases cited8 opinions
- Alles v. LyonSupreme Court of Pennsylvania · 1907
- Jones v. BealeSupreme Court of Pennsylvania · 1907
- Brundred v. EgbertSupreme Court of Pennsylvania · 1894
- Simons v. KernSupreme Court of Pennsylvania · 1880
- Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Palmer-Haworth Logging Co. v. HendersonOregon Supreme Court · 1918
- Fackenthall v. WightSuperior Court of Pennsylvania · 1931
- Bailian v. Keishian, Pennsylvania Court of Common Pleas, Philadelphia County1923
- Cassell v. Revera, Inc., Pennsylvania Court of Common Pleas, Dauphin County1935
- Corn v. Brigham, Pennsylvania Court of Common Pleas, Beaver County1946
3 more not listed; retrieve them via the Exa API.