Uplinger v. Bryan
Supreme Court of Pennsylvania
In error from the Common Pleas of Armstrong. Ejectment. The plaintiff showed a warrant to one Bryan, and a survey together with a deed from Bryan’s heirs dated after the action had been commenced. But no objection was taken to it on this ground at the trial, and the objections taken were abandoned here.
1Opinion of the Court
Burnside, J.(a)
There was no objection to this deed on the ground that it was dated after the institution of the ejectment, nor was the date noticed on the trial, or mentioned or brought to the view of the Court in any manner by counsel during the trial. Nor was it noticed or suggested to the Court by any of the requests of counsel for instructions to the jury. The fact was seen by the plaintiff’s counsel after the trial and judgment. They now assign it as error, and urge us to reverse the judgment on the authority of Andrews v. Long, 10 S. & R. 55, where the late Chief Justice says the Court…
2Cases cited2 opinions
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
- Brittain v. Doylestown BankSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Rodovinsky v. Roxford Knitting Co.Superior Court of Pennsylvania · 1897