Legal Opinion

Bakewell v. Turner

Superior Court of Pennsylvania

Decided May 14, 1908No. Appeal, No. 163PublishedCited by 7 opinions

Appeal, No. 163, April T., 1908, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 171, discharging rule for judgment for want of a sufficient affidavit of defense in case of Allan C. Bakewell and Thomas W. Bakewell, executors of the last will and testament of William Bakewell, deceased, v. G. E. Turner. Assumpsit for rent. 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. 163, April T., 1908, by plaintiffs, from order of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 171, discharging rule for judgment for want of a sufficient affidavit of defense in case of Allan C. Bakewell and Thomas W. Bakewell, executors of the last will and testament of William Bakewell, deceased, v. G. E. Turner. Assumpsit for rent. 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.,

In this suit in assumpsit the plaintiffs filed an affidavit of claim, with a copy of the lease upon which the suit was founded; the affidavit alleged that the lease had expired on April 1,1907, and that the defendant had held over, after its expiration, with the plaintiffs’ consent, and had failed to pay the rent due May 1, 1907.

The affidavit of defense admitted the execution and existence of the lease and the occupancy thereunder, but denied that under its terms the tenant, by holding over, became a tenant for another year. By the terms of the lease the rent was…

2Cases cited3 opinions

  1. Williams v. LadewSupreme Court of Pennsylvania · 1895
  2. Effinger v. LewisSupreme Court of Pennsylvania · 1859
  3. Patterson v. ParkSupreme Court of Pennsylvania · 1895

3Cited by7 opinions

  1. Routman v. BohmSuperior Court of Pennsylvania · 1961
  2. Fidelity Trust Co. v. LeeSuperior Court of Pennsylvania · 1909
  3. Schneider v. BatesSuperior Court of Pennsylvania · 1908
  4. Finif v. GearingSuperior Court of Pennsylvania · 1932
  5. Evaston v. Myers, Pennsylvania Court of Common Pleas, Lancaster County1928

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