Lessee of Gardiner v. Wilson
Supreme Court of Pennsylvania
A motion was made last March term, and a rule to show cause granted, why the plaintiff’s term should not be enlarged, and a writ of possession awarded. The ejectmeut was brought for 856 acres of land in Antrim township in the county of Cumberland, and at Nisi Prius on the 27th May 1773, a verdict passed for the plaintiff, and judgment was entered in September term following thereon, with this addition, “ death of the lessor of the plaintiff before the day in bank suggested.”
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A motion was made last March term, and a rule to show cause granted, why the plaintiff’s term should not be enlarged, and a writ of possession awarded. The ejectmeut was brought for 856 acres of land in Antrim township in the county of Cumberland, and at Nisi Prius on the 27th May 1773, a verdict passed for the plaintiff, and judgment was entered in September term following thereon, with this addition, “ death of the lessor of the plaintiff before the day in bank suggested.” But by mistake of the prothonotary, the verdict and judgment was entered in another ejectment brought by the same…
1Opinion of the Court
Yeates, J.,
before the reply of the plaintiff’s counsel mentioned, that he was present at the trial in Carlisle in May 1778, and that the jury were kept together a great length of time without any refreshment, before they agreed; and that on the day succeeding the delivery of their verdict in court, a number of the jurors called on the judges at their chambers, and expressed great dissatisfaction with their finding, complaining that they were starved into the measure by the stiffness of one of their fellows.
2Per curiam
Exclusive of the anecdote just given to us respecting this verdict, and the former…
3Cited by2 opinions
- Bogart v. M'DonaldNew York Supreme Court · 1801
- Jackson ex dem. Harris v. MurrayNew York Supreme Court · 1823