Legal Opinion

Ives v. Leet

Supreme Court of Pennsylvania

Decided July 5, 1826PublishedCited by 2 opinions

IN ERROR. On the return of a writ of error ,to the Court of Common Pleas of Tioga county, it appeared, that this was an action of ejectment, brought by John Ives and others, the plaintiffs in error, against Thomas Led and others.

Read the full summary

IN ERROR. On the return of a writ of error ,to the Court of Common Pleas of Tioga county, it appeared, that this was an action of ejectment, brought by John Ives and others, the plaintiffs in error, against Thomas Led and others. On the trial of the cause, in the Court of Common Pleas, it was proved by the defendants, that, in a former ejectment for the same land, in which they were plaintiffs, and the present plaintiffs were defendants, a verdict and judgment had been given for them, (the now defendants,) and that afterwards the now plaintiffs brought an ejectment against them, which was…

1Opinion of the Court

*303The opinion of the court was delivered by

Tilghman, C. J.

When the plaintiffs suffered a nonsuit on their appeal, the report of the arbitrators remained in full force, and had the effect of a judgment. The question is, then, whether one verdict and judgment, and one report of arbitrators in favour of the same party, be a bar to another ejectment by the other party? The act of assembly on which the case depends (section 4,) is in the following words: “Where two verdicts shall, in any writ of ejectment, between the same parties, be given, in succession, for the plaintiff or defendant, and…

2Cited by2 opinions

  1. Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
  2. Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1832

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API