Respublica v. Shryber
Supreme Court of Pennsylvania
Forcible entry. In this case, it was resolved, on solemn argument, that title could not be given in evidence by the defendant, to prevent restitution. 8 Hen. VI, c. 9. 1 Burns’ Just. 411, § 3.(c) And McKean, C. J., ruled, that the wife of the prosecutor might be examined as a witness to prove the force, but only the force; for, otherwise, the statutes might be eluded in some cases, (d) Same Cause.
1Opinion of the Court
But the Court
overruled both objections: And McKean, C. J., said, that the words, “ his peaceable possession thereof as aforesaid,” were surplusage, and ought to be rejected, (a)
See Pitch v. Rempublicam, 3 Yeates 49; s. c. 4 Dall. 212. Burd v. Commonwealth, 6 S. & R. 252. Dean v. Commonwealth, 3 Id. 418. Respublica v. Campbell, post, 354, Co. Litt. 303, n.
2Cases cited2 opinions
- Sharp v. PettitSupreme Court of the United States · 1800
- Fitch v. RempublicamSupreme Court of Pennsylvania · 1800