Hillside Coal & Iron Co. v. Heermans
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1899, by plaintiff, from order of C. P. Lackawanna Co., Oct. T., 1881, No. 880, refusing a motion to non-pros. Ejectment for a tract of land in Blakely township.
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Appeal, No. 26, Jan. T., 1899, by plaintiff, from order of C. P. Lackawanna Co., Oct. T., 1881, No. 880, refusing a motion to non-pros. Ejectment for a tract of land in Blakely township. Before Archbald, P. J. At the trial it appeared that on July 25,1881, plaintiff instituted an action of ejectment against William I. Pitt for the land in controversy, which suit was duly indexed in “ The Ejectment Index ” according to the Act of April 26,1856, P. L. 532. Pitt had settled upon the land in 1872 and claimed it adversely. In March, 1895, E. A. Heermans, George Waters, Jr., S. W. Eleitz and Frank…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In the case of Waring v. Penna. R. Co., 176 Pa. 172, we considered with some care the subject of granting compulsory non-suits because of the delay of plaintiffs in prosecuting their suits. We sustained the court below in granting such a nonsuit after a delay of nearly fifteen years on the part of the plaintiff in proceeding with his cause. We held that under all the authorities there was no doubt about the power of the court to grant such nonsuits, and we also held that in view of the facts appearing on that record it was a proper case in which to exercise the…
2Cases cited6 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Waring v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Orr v. CunninghamSupreme Court of Pennsylvania · 1842
- Green v. RickSupreme Court of Pennsylvania · 1888
- Hersey v. TurbettSupreme Court of Pennsylvania · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Potter Title & Trust Co. v. FrankSupreme Court of Pennsylvania · 1929
- Prettyman v. IrwinSupreme Court of Pennsylvania · 1922
- Forrest v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Upsal StreetSuperior Court of Pennsylvania · 1903
4 more not listed; retrieve them via the Exa API.