Legal Opinion

Blood v. Crew Levick Co.

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeal, No. 140PublishedCited by 12 opinions

Appeal, No. 140, Jan. T., 1896, by defendant, from order of C. P. Warren Co., Dec. T-, 1894, No. 41, making absolute a rule for judgment for want of a suffificient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before Notes, P. J. Reference is made to the case of Blood v. Crew Levick Co., 171 Pa. 328, for certain facts.

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Appeal, No. 140, Jan. T., 1896, by defendant, from order of C. P. Warren Co., Dec. T-, 1894, No. 41, making absolute a rule for judgment for want of a suffificient affidavit of defense. Rule for judgment for want of a sufficient affidavit of defense. Before Notes, P. J. Reference is made to the case of Blood v. Crew Levick Co., 171 Pa. 328, for certain facts. Plaintiff’s statement of claim was as follows: The plaintiff, Clara S. Blood, brings this suit, as the executrix of A. R. Blood, deceased, late of said county, who died intestate December 1, 1891, against the defendant, the Crew Levick…

1Opinion of the Court

Opinion by

Me. Justice Williams,

The judgment now appealed from was entered for want of a sufficient affidavit of defense. The original and supplemental affidavits of defense are therefore to be examined to see if they set forth any ground of defense good against the Brown Oil Company. Looking at them as constituting together a state? *617ment of the defendant’s case, we find four lines of defense alleged. These are, first, a denial of liability under the covenants contained in the deed under which the defendant acquired title to the freehold estates. Second, the existence of a parol understanding,…

2Cases cited3 opinions

  1. Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
  2. Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895
  3. Reed v. Penrose'sSupreme Court of Pennsylvania · 1860

3Cited by12 opinions

  1. O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
  2. Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
  3. Britton v. RothSupreme Court of Pennsylvania · 1933
  4. Old Colony Trust Co. v. Allentown & Bethlehem Rapid Transit Co.Supreme Court of Pennsylvania · 1899
  5. Smith v. NesbittTexas Supreme Court · 1921

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