Legal Opinion

Goldstein v. Hammell

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 6PublishedCited by 6 opinions

Appeal, No. 6, Oct. T., 1911, by defendant, from order of C. P. No. 5, Phila. Co., June Term, 1910, No. 2,129, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles Goldstein v. Mary Hammell. Assumpsit to recover one-half of rentals of certain real estate. The opinion of the Superior Court states the case. The court in an opinion by Ralston, J., made absolute rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 6, Oct. T., 1911, by defendant, from order of C. P. No. 5, Phila. Co., June Term, 1910, No. 2,129, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Charles Goldstein v. Mary Hammell. Assumpsit to recover one-half of rentals of certain real estate. The opinion of the Superior Court states the case. The court in an opinion by Ralston, J., made absolute rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action is based on a title created by the second and third clauses of the will of Zachariah Goldstein, as follows:

“Second: I give and bequeath to my wife Mary Gold-stein and to my daughter, Catherine Goldstein Heron, the rents of all my other properties (real estate after the taxes and expenses accruing from said properties are deducted) share and share alike for and during the term of their natural lives, the daughter, Catherine Goldstein Heron, to inherit the share of the mother, Mary Goldstein, and after the decease of my daughter, Catherine…

2Cases cited6 opinions

  1. Jones v. CableSupreme Court of Pennsylvania · 1887
  2. Commonwealth v. NancredeSupreme Court of Pennsylvania · 1859
  3. Ballard v. WardSupreme Court of Pennsylvania · 1879
  4. Kennedy's AppealSupreme Court of Pennsylvania · 1869
  5. Phillips's EstateSuperior Court of Pennsylvania · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Holohan v. MelvilleWashington Supreme Court · 1952
  2. Michael EstateSupreme Court of Pennsylvania · 1966
  3. Strunk EstateSupreme Court of Pennsylvania · 1952
  4. Holohan v. MelvilleWashington Supreme Court · 1952
  5. Nixdorf v. Busser, Pennsylvania Court of Common Pleas, Lancaster County1948

1 more not listed; retrieve them via the Exa API.

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