Rynd v. Baker
Supreme Court of Pennsylvania
Appeal, No. 143, Oct. T., 1899, by plaintiff, from judgment of C. P. Venango Co., April T., 1898, No. 67, non obstante veredicto. Ejectment for land in Cornplanter township. Before Criswell, P. J. The facts appear by the opinion of the Supreme Court. The court charged the jury as follows : We instruct you to render a verdict in favor of the plaintiff for the land described in the writ.
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Appeal, No. 143, Oct. T., 1899, by plaintiff, from judgment of C. P. Venango Co., April T., 1898, No. 67, non obstante veredicto. Ejectment for land in Cornplanter township. Before Criswell, P. J. The facts appear by the opinion of the Supreme Court. The court charged the jury as follows : We instruct you to render a verdict in favor of the plaintiff for the land described in the writ. If the court shall be of the opinion that under all the evidence the plaintiff is not entitled to recover, then judgment to be entered in favor of the defendants non obstante .veredicto. If, on the other hand,…
1Opinion of the Court
Opinion by
Mb. Justice Gbebn,
A reversal of this case upon the ground of a defective re*488servation of a point would not be of the slighest advantage to either side. Upon a retrial the identical question reserved by the court would again arise upon the defendants’ request for a binding instruction to the jury that upon all the evidence the verdict should be for the defendants. Moreover our modern decisions all hold that if no exception is taken to the form of the reservation at the trial the parties are bound by it, and cannot be heard in this Court against it: Mohan v. Butler, 112 Pa. 590; Boyle…
2Cases cited12 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Frederick's AppealSupreme Court of Pennsylvania · 1866
- Wilson v. AndersonSupreme Court of Pennsylvania · 1898
- Rick's AppealSupreme Court of Pennsylvania · 1884
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
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3Cited by26 opinions
- Logan v. GlassSuperior Court of Pennsylvania · 1939
- Nolan v. NolanSupreme Court of Pennsylvania · 1907
- Cramer v. Hartford-Connecticut Trust Co.Supreme Court of Connecticut · 1929
- Jones's Trust EstateSupreme Court of Pennsylvania · 1925
- Damiani v. LobascoSupreme Court of Pennsylvania · 1951
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