Borough v. Kennedy
Supreme Court of Pennsylvania
Appeal, No. 130, Oct. T., 1909, by plaintiff, from judgment of C. P. Butler Co., Dec. T., 1908, No. 32, on verdict for defendants in case of Rochester Borough v. Anna M. Kennedy et al. Ejectment for land in the borough of Rochester, Beaver county. Tried by change of venue in Butler county. Before Galbreath, P. J. At the trial the jury returned a verdict in favor of the defendant.
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Appeal, No. 130, Oct. T., 1909, by plaintiff, from judgment of C. P. Butler Co., Dec. T., 1908, No. 32, on verdict for defendants in case of Rochester Borough v. Anna M. Kennedy et al. Ejectment for land in the borough of Rochester, Beaver county. Tried by change of venue in Butler county. Before Galbreath, P. J. At the trial the jury returned a verdict in favor of the defendant. On a motion for a new trial and for judgment for plaintiff n. o. v. Galbreath, P. J., filed the following opinion: This is an action of ejectment brought by the borough of Rochester, plaintiff, against the defendants…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The second section of the Act of May 8, 1901, P. L. 142, relative to verdicts and judgments in actions of ejectment and regulating procedure therein, provides that “in all actions of ejectment hereafter to be brought, the plaintiff shall file a declaration, which shall consist of a concise statement of his cause of action, with an abstract of the title under which he claims the land in dispute, and in addition to the plea of 'not guilty,’ now required by *272law, the defendant shall file an answer in the natúre of a special plea, in which he shall set forth his grounds…
2Cases cited4 opinions
- Hartman v. Keystone InsuranceSupreme Court of Pennsylvania · 1853
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Root v. O'NeilSupreme Court of Pennsylvania · 1855
3Cited by16 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Skelton v. Lower Merion TownshipSupreme Court of Pennsylvania · 1929
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- Rutherford Water Co. v. Harrisburg.Supreme Court of Pennsylvania · 1929
- Wilkinson v. United Parcel Service of Pennsylvania, Inc.Superior Court of Pennsylvania · 1945
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