Ives v. Leet
Supreme Court of Pennsylvania
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.
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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
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Werkheiser v. WerkheiserSupreme Court of Pennsylvania · 1832