Coolbaugh v. Lehigh & Wilkes-Barre Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 89, Jan. T., 1905, by plaintiff, from order of C. P. Luzerne Co., May T., 1904, No. 314, discharging rule for judgment for want of a sufficient affidavit of defense in case of J. R. Coolbaugh, administrator of Milton Dana, deceased, v. Lehigh and Wilkes-Barre Coal Company. Rule for judgment for want of a sufficient affidavit of defense. Before Ferris, J. The facts are stated in the opinion of the Supreme Court. Flrror assigned was in discharging rule for judgment.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On August 30, 1870, Milton Dana and others, owners of coal lands in Luzerne county, entered into an agreement with the Wilkes-Barre Coal and Iron Company, granting, demising and leasing unto it, its successors and assigns, all the coal in said lands. The appellee succeeded to all the rights of the original lessee. The demise or lease, as the agreement is termed by the parties, was to date from January 1, 1870, and “to determine and end when all the mineable (and) anthracite coal shall have been mined and removed from the demised premises, unless the term be sooner…
2Cases cited7 opinions
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Delaware, Lackawanna & Western Railroad v. SandersonSupreme Court of Pennsylvania · 1885
- Denniston v. HaddockSupreme Court of Pennsylvania · 1901
- Kingsley v. Hillside Coal & I. Co., Pennsylvania Court of Common Pleas, Lackawanna County1892
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1943
- Burke v. Pittsburgh Limestone Corp.Supreme Court of Pennsylvania · 1953
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Wilmore Coal Co. v. BrownU.S. Circuit Court for the District of Western Pennsylvania · 1906
15 more not listed; retrieve them via the Exa API.