Pennsylvania Salt Manufacturing Co. v. Neel
Supreme Court of Pennsylvania
Error, to tbe District Court of Allegheny county. This was an action on the case by Eliza Jane Neel against the Pennsylvania Salt Manufacturing Company and others, brought to January Term 1866. The plaintiff declared that she was the owner of a tract of land, “ including a stratum or vein of coal, and other minerals therein, which was in the possession and occupation of one Thomas Neel, as tenant thereof to the said Eliza Jane Neel, the reversion thereof being on the…
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Error, to tbe District Court of Allegheny county. This was an action on the case by Eliza Jane Neel against the Pennsylvania Salt Manufacturing Company and others, brought to January Term 1866. The plaintiff declared that she was the owner of a tract of land, “ including a stratum or vein of coal, and other minerals therein, which was in the possession and occupation of one Thomas Neel, as tenant thereof to the said Eliza Jane Neel, the reversion thereof being on the termination of the tenancy” in her, and that the defendants, without license from her, and against her will, broke into the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
1. It was but a slight irregularity to enter judgment on the reserved questions before overruling the pending motion for a new trial. The entry of the judgment substantially and effectually overruled it. If it were necessary to the regularity of the record, it might be done at any time nune pro tunc. This assignment of error is therefore not sustained.
2. Nor was the admissibility of Thomas Neel, as a witness for *17plaintiff, questionable. He had no interest in the subject-matter of the controversy; he had a lease of the surface land under…
2Cases cited3 opinions
- Commonwealth v. AlburgerSupreme Court of Pennsylvania · 1836
- Lightner v. MooneySupreme Court of Pennsylvania · 1840
- Poth v. AnstattSupreme Court of Pennsylvania · 1842
3Cited by10 opinions
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
- Powell v. LantzySupreme Court of Pennsylvania · 1896
- Fries v. NullSupreme Court of Pennsylvania · 1893
- Freiler v. KearSupreme Court of Pennsylvania · 1889
- Commonwealth v. GrowSuperior Court of Pennsylvania · 1911
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