Powell v. Burroughs
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of covenant to September Term 1865, by H. N. Burroughs,'W. P. Orbison and W. Dorrance, Jr., against Robert H. Powell, to recover rent.
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Error to the District Court of Philadelphia. This was an action of covenant to September Term 1865, by H. N. Burroughs,'W. P. Orbison and W. Dorrance, Jr., against Robert H. Powell, to recover rent. On the 22d of February 1860, the plaintiffs leased to the defendant the right to mine and take away coal from their mines, called the “ Barnet Coalbank,” in Huntingdon county, from the 29th of that month until the 31st of December 1864, the defendant reserving the right to terminate the lease on the 31st of December or in any year thereafter on three months’ notice, and to pay 20 cents per -ton of…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
No argument has been submitted in support of the first three assignments of error,, for the reason, as we learn from the defendant in error, and not denied, that the testimony of which they were predicated was eventually received; we must, therefore, treat them as abandoned. The matter constituting the 4th assignment, in which it is alleged the learned judge erred in not affirming, is insensible as it stands on the paper-book, and need not be noticed. Possibly some mistake may have occurred in framing this assignment.
The plaintiffs…
2Cases cited1 opinion
- Young v. WhiteSupreme Court of Pennsylvania · 1836
3Cited by13 opinions
- Kunkel v. WherrySupreme Court of Pennsylvania · 1899
- Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907
- Emery v. BoyleSupreme Court of Pennsylvania · 1901
- Berwind-White Coal Min. Co. v. MartinCourt of Appeals for the Third Circuit · 1903
- Corona Coal & Coke Co. v. DickinsonSupreme Court of Pennsylvania · 1918
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