Gilday v. Watson
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Court of Cpmmon Pléas of Lycoming county, in an ejectment brought by the plaintiff in error, on which bills of exceptions to the charge . ,. , ^ of the Court, and to certain answers of the Court to questions proposed by the plaintiff’s counsel, were returned with the record. The charge of the Court was as follows: ° . “ In this case, both the plaintiff and defendant claim the right of pre-emption by virtue of their improvements.
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In Error. THIS was a writ of error to the Court of Cpmmon Pléas of Lycoming county, in an ejectment brought by the plaintiff in error, on which bills of exceptions to the charge . ,. , ^ of the Court, and to certain answers of the Court to questions proposed by the plaintiff’s counsel, were returned with the record. The charge of the Court was as follows: ° . “ In this case, both the plaintiff and defendant claim the right of pre-emption by virtue of their improvements. In disputes of this kind, the first consideration for the jury is, , J whether the plaintiff or the defendant, was the first…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
Exceptions are taken to the charge of the Court, and their answers to certain questions proposed on the trial, by the counsel of the plaintiff in error. The answers must be considered in connection with the charge ; in fact the whole form one body of instructions delivered to the jury.
In framing these questions, it is to be observed, that the same question in substance is varied in form, and expressed in different language ; this unnecessary multiplication would naturally introduce some confusion, and it is not to be wondered, that in the…
2Cited by1 opinion
- Wood v. JonesSupreme Court of Pennsylvania · 1848