KENNEDY v. ERKMAN, et al.


389 Pa. 651 (1957)

Kennedy v. Erkman (et al., Appellant).

Supreme Court of Pennsylvania.

June 28, 1957.


Attorney(s) appearing for the Case

John K. Tabor, with him Thomas W. Pomeroy, Jr., Aims C. Coney, Jr., and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellant.

Elmer H. Jacek, for appellant.

Henry E. Rea, Jr., with him Robert Palkovitz and Metz, McClure & MacAlister, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.


OPINION BY MR. JUSTICE CHIDSEY.

There are two appeals in this case. One is the appeal of John C. Huss, one of the defendants in the court below. The other is the appeal of Cities Service Oil Company, an intervenor defendant in the court below. Both appeals are from the order of the trial court which discharged rules to show cause why a judgment in an amicable action of ejectment should not be stricken or opened.

The case arises from the following facts: Appellees...

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