Geiger v. Welsh
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Berks county. This was an action of ejectment for two pieces of land in Union township, Berks county, brought to January Term, 1827, by the plaintiff in error against the defendants in error. On the trial of the cause, the casé was briefly this:—In 1799, ajudgment was obtained against Morgan Lewis, under whom both parties claimed.
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Writ of error to the Court of Common Pleas of Berks county. This was an action of ejectment for two pieces of land in Union township, Berks county, brought to January Term, 1827, by the plaintiff in error against the defendants in error. On the trial of the cause, the casé was briefly this:—In 1799, ajudgment was obtained against Morgan Lewis, under whom both parties claimed. A Fieri Facias issued on the judgment to April Term, 1799, and an Mias Venditioni Exponas to January Terna, 1800, and no further proceedings were had on the judgment until the year 1823. On the 16th day of September,…
1Opinion of the Court
Smith, J.,
(after stating the case,) delivered the opinion of the court.
This court is of opinion, that the judgment of the Court of Com*352mon Pleas must be reversed; and regret, that the points submitted were not fully answered. . It is very evident to my mind, that the court, by their answers, intended to answer the points fully, but unfortunately did not do so. It has been declared again and again, and is a well settled principle of law, that a party has a right to ask the opinion of the court on any matter of law, pertinent to the matter before them, and that the withholding of the opinion is…
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