O'Malley v. O'Malley
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1922, by plaintiff, from judgment of Superior Court, Oct. T., 1921, No. 197, reversing order of C. P. No. 4, Pbila. Co., March T., 1921, No. 1359, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Mary O’Malley v. Patrick O’Malley. Assumpsit for share of rentals. Appeal from Superior Court. The opinion of the Supreme Court states the facts. Judgment of common pleas reversed. Plaintiff ap- • pealed.
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Appeal, No. 277, Jan. T., 1922, by plaintiff, from judgment of Superior Court, Oct. T., 1921, No. 197, reversing order of C. P. No. 4, Pbila. Co., March T., 1921, No. 1359, making absolute rule for judgment for want of a sufficient affidavit of defense, in case of Mary O’Malley v. Patrick O’Malley. Assumpsit for share of rentals. Appeal from Superior Court. The opinion of the Supreme Court states the facts. Judgment of common pleas reversed. Plaintiff ap- • pealed. Error assigned was, inter alia, judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Plaintiff sued in assumpsit for an accounting of the rents of a property which had been conveyed to defendant and her while they were husband and wife, but which, after they were separated, he had leased, and appropriated the whole thereof to his own use and continued so to do though they were now divorced. Upon a rule for judgment for want of a sufficient affidavit of defense, the court of common pleas directed him to file an account ; this the Superior Court reversed, without awarding a procedendo, and from its judgment we allowed the present appeal.
The case…
2Cases cited13 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Alles v. LyonSupreme Court of Pennsylvania · 1907
- McCurdy & Stevenson v. CanningSupreme Court of Pennsylvania · 1870
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3Cited by108 opinions
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- Berhalter v. BerhalterSupreme Court of Pennsylvania · 1934
- Gasner v. PierceSupreme Court of Pennsylvania · 1926
- Schweitzer v. EvansSupreme Court of Pennsylvania · 1948
- Stemniski v. StemniskiSupreme Court of Pennsylvania · 1961
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