Haines v. Elfman
Supreme Court of Pennsylvania
Appeal, No. 281, Jan. T., 1911, by defendant from order of C. P. No. 4, Phila. Co., June T., 1911, No. 4047, discharging rule to open judgment in case of William J. Haines, Agent, to the use of Elizabeth C. Gillespie et al. v. Hyman Elfman. Rule to open judgment. Rule to amend record. The facts are stated in the opinion of the Supreme Court. Errors assigned, were in making absolute the rule to amend the record and in discharging rule to open judgment.
1Opinion of the Court
Opinion by
Mr. Justice Moschziskee,
On August 1, 1911, George Cuthbert Gillespie caused a confessed judgment in an amicable action of ejectment to be entered against the defendant, Hyman Elfman. Thereupon Elfman filed a petition averring that the written lease upon which the action rested had been annulled and superseded by an oral letting for the term of three years at an increased rental; and rules to open and to strike off the judgment were allowed upon this petition. The plaintiff filed an answer in which he denied that the written lease had been annulled or that any new contract had been…
2Cases cited7 opinions
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Booth v. DorseySupreme Court of Pennsylvania · 1902
- Kaylor v. ShaffnerSupreme Court of Pennsylvania · 1855
- Walthour v. SpanglerSupreme Court of Pennsylvania · 1858
- Duffy v. OgdenSupreme Court of Pennsylvania · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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5 more not listed; retrieve them via the Exa API.