McCahan v. Wharton
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. No. 369 January Term 1888, Sup. Ct.; court below, No. 4 August Term 1885, C. P. To tbe number and term in the court below, John McCahan and Thomas S. McCahan brought an action of covenant against Henry S. Wharton and F. H. Lane, for the recovery of the minimum royalty or rental payable under an ore lease. The narr was not printed in the paper books. The plea, as indicated, was “ covenants performed,” etc.
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ERROR TO THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY. No. 369 January Term 1888, Sup. Ct.; court below, No. 4 August Term 1885, C. P. To tbe number and term in the court below, John McCahan and Thomas S. McCahan brought an action of covenant against Henry S. Wharton and F. H. Lane, for the recovery of the minimum royalty or rental payable under an ore lease. The narr was not printed in the paper books. The plea, as indicated, was “ covenants performed,” etc. At the trial on December 23, 1887, the lease shown, dated February 1, 1884, of a tract of 440 acres of land near Birmingham Station,…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
We are asked not only to reverse this case without a venire, but also to enter a judgment for the plaintiffs. Just how we are to do this in view of the fact that there was a verdict for the defendants below, we are not informed. There is the further difficulty that this was ap action of covenant, and the narr is not printed in the paper book of plaintiffs in error as required by the rules of court. We do not know, therefore, with any certainty, what breaches of covenant were assigned, nor what the issue was in the court below. We might guess at it, But that is not…
2Cases cited1 opinion
- Muhlenberg v. HenningSupreme Court of Pennsylvania · 1887
3Cited by11 opinions
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- Timlin v. BrownSupreme Court of Pennsylvania · 1893
- Boyer ex rel. Boyer v. FulmerSupreme Court of Pennsylvania · 1896
- Adams v. Washington Brick, Lime & Manufacturing Co.Washington Supreme Court · 1905
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