Legal Opinion

Lichtenwallner v. Lanbach

Supreme Court of Pennsylvania

Decided February 18, 1884PublishedCited by 11 opinions

Error to the Court of Common Pleas of Lehigh county : Of January Term, 1882, No. 448. Trespass, vi et armis, by Thomas F. Laubach and Sarah A., his wife, in right of said Sarah, against Charles Liclitenwallner, James Liclitenwallner and Henry Roth. The narr. declared upon an assault and battery of the plaintiff Sarah, and injury to her goods, in'ejecting her and them from a house.

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Error to the Court of Common Pleas of Lehigh county : Of January Term, 1882, No. 448. Trespass, vi et armis, by Thomas F. Laubach and Sarah A., his wife, in right of said Sarah, against Charles Liclitenwallner, James Liclitenwallner and Henry Roth. The narr. declared upon an assault and battery of the plaintiff Sarah, and injury to her goods, in'ejecting her and them from a house. The defendants pleaded specially, denying the trespass and injury complained of, and averring that plaintiff was trespassing upon premises owned by the defendant, Charles Liclitenwallner, then in his lawful and…

1Opinion of the CourtJustice Sterrett

The questions of fact, presented by the pleadings and evidence, having been properly submitted to the jury in a clear and comprehensive charge to which no just exception can be taken, the verdict must now be accepted as a conclusion correctly drawn by the jury from the testimony before them. If the verdict was not warranted by the evidence then the only remedy of the defendants below was by motion for new trial. In that they were unsuccessful, and the discretion exercised by the court in denying the motion is not reviewable here.

In substance, the jury was instructed to inquire whether, at the…

2Cases cited1 opinion

  1. Barber v. MerriamMassachusetts Supreme Judicial Court · 1865

3Cited by11 opinions

  1. Freedman v. Mutual Life Insurance Co. of New YorkSupreme Court of Pennsylvania · 1941
  2. Commonwealth v. SmithSupreme Court of Pennsylvania · 1996
  3. Commonwealth v. D.J.A.Superior Court of Pennsylvania · 2002
  4. John v. Reick-Mcjunkin Dairy Co.Supreme Court of Pennsylvania · 1924
  5. Roberts v. Pitt Publishing Co.Supreme Court of Pennsylvania · 1938

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