Legal Opinion

Llewellyn's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1883No. 49PublishedCited by 2 opinions

Certiorari to and appeal from the Court of Common Pleas of Clinton county: Of January Term 1883, No. 49. This was a certiorari and appeal of L. B. Llewellyn, Gabriel O. & M. P. Stiver, John Keener, William McGregor, John Mayes, Charles Parker and liobert Miller from the decree of the said court, dismissing their exceptions to and confirming the report of an Auditor appointed to distribute the proceeds of a sheriff’s sale of certain property of Austin Curtin & Co. Before the…

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Certiorari to and appeal from the Court of Common Pleas of Clinton county: Of January Term 1883, No. 49. This was a certiorari and appeal of L. B. Llewellyn, Gabriel O. & M. P. Stiver, John Keener, William McGregor, John Mayes, Charles Parker and liobert Miller from the decree of the said court, dismissing their exceptions to and confirming the report of an Auditor appointed to distribute the proceeds of a sheriff’s sale of certain property of Austin Curtin & Co. Before the Auditor (S. M. McCormick, Esq.), the facts appeared to be as follows : On March 24th 1880, Austin Curtin & Co. leased an…

1Opinion of the Court

Mr. Justice Clark delivered

the opinion of the court,

On the 24th day of March 1880, Austin Curtin & Co., became the lessees of the old Mill Hall Iron Furnace, in Clinton county. It had been abandoned for some twenty-four years, and in consequence the works were dismantled, the buildings decayed and the machinery almost destroyed. The whole property was so dilapidated that it was unfit for use, for the purposes for which it was originally designed. In order, therefore, that the furnace might bo operated it was necessary that the property should be repaired and reconstructed.

The works had been…

2Cited by2 opinions

  1. James Rees & Sons Co. v. HulingsSuperior Court of Pennsylvania · 1899
  2. In re BaumblattDistrict Court, E.D. Pennsylvania · 1907

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