Legal Opinion

Uhler v. Cowen

Supreme Court of Pennsylvania

Decided July 19, 1899No. Appeal, No. 445PublishedCited by 3 opinions

Appeal, No. 445, Jan. T., 1897, by defendant, from order of C. P. No. 4, Phila. Co., June T., 1897, No. 501, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit for rent. Judgment for want of a sufficient affidavit of defense. The material averments of the affidavit of defense are set forth in the opinion of the Supreme Court. Error assigned was the order of the court making absolute a rule for judgment.

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The action was brought for rent *445for the quarter beginning January 1,1897, and ending April 1, 1897, on a lease, executed April 9,1887, for pier No. 11 on the east side of Delaware avenue in the city of Philadelphia, for a term of ten years. The affidavit of defense admits the lease and the nonpayment of the rent claimed, and also the liability for the rent accrued up to January 26,1897, but seeks to escape liability for the balance, on the ground that the city of…

2Cases cited1 opinion

  1. Dyer v. WightmanSupreme Court of Pennsylvania · 1870

3Cited by3 opinions

  1. Uhler v. CowenSupreme Court of Pennsylvania · 1901
  2. Levine v. HorwitzSupreme Court of Pennsylvania · 1953
  3. Ehlers v. PhiladelphiaSupreme Court of Pennsylvania · 1912

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