Berks County Court of Common Pleas, 1890

Hoch v. Bass

Hoch v. Bass
Berks County Court of Common Pleas · Decided March 17, 1890 · Green, McCollum, Mitchell, Paxson, Williams
133 Pa. 328; 19 A. 360; 1890 Pa. LEXIS 905

Counsel

Mr. O. H. Ruhl (with him Mr. Daniel JErmenlroui), for! the appellant., Mr. D. N. Schaeffer (with him Mr. Henry O. Cr. Reler), for the appellee.

Hoch v. Bass

Opinion of the Court

Per Curiam:

The learned court below sustained the demurrer and dis*332missed the bill, for the reason that the plaintiff had a complete remedy at law, and had not exhibited any grounds for equitable relief. In this we think he was right. She can recover her arrears of royalty, if any, by action of assumpsit; and, if possession of the premises is desired, and the defendants have forfeited their rights thereto, an action of ejectment is the appropriate remedy. She can pursue her legal remedies without depriving the defendants of their right of trial by jury.

Decree affirmed, and appeal dismissed, at the costs of the appellants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.