Legal Opinion

M'Culloch v. Cowher

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 19 opinions

ERROR to the Common Pleas of Centre county. This was an ejectment for a tract of land, brought by George M’Culloch, William Mitchell, James Dickson and Thomas M’Namara against Adam Cowher and Charles Cartwright. After the jury was sworn, it was shown that on the 26th November 1841, the death of William Mitchell was suggested, and John Mitchell, his executor, substituted.

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ERROR to the Common Pleas of Centre county. This was an ejectment for a tract of land, brought by George M’Culloch, William Mitchell, James Dickson and Thomas M’Namara against Adam Cowher and Charles Cartwright. After the jury was sworn, it was shown that on the 26th November 1841, the death of William Mitchell was suggested, and John Mitchell, his executor, substituted. The plaintiffs then asked leave to substitute Anthony Shorb, John Lyon, David Stewart and William Stewart, in the place of John Mitchell, executor of William Mitchel3, deceased; but the defendants objected to this on the…

1Per curiam

The law of the case is so well stated by the Judge who tided the cause, as to render any further examination of its principles unnecessary.

Judgment affirmed.

2Cited by19 opinions

  1. Hamberg v. BarskySupreme Court of Pennsylvania · 1946
  2. Cotton v. WoodSupreme Court of Iowa · 1868
  3. Jeffersonville, Madison & Indianapolis R. R. v. OylerIndiana Supreme Court · 1878
  4. Jourdan v. AndrewsSupreme Court of Pennsylvania · 1917
  5. Stark Et Ux. v. Lardin, Exr.Superior Court of Pennsylvania · 1938

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