Legal Opinion

Gibson v. Lyon

Supreme Court of the United States

Decided November 23, 1885PublishedCited by 44 opinions

IN ERROR TO THE CIRCUIT COURT OF THE UNITED. STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was an action of ejectment to recover possession of certain real estate in Philadelphia, brought by the plaintiff in error, a citizen of New Jersey, against the defendants in error, citizens of Pennsylvania, in which there was judgment for the defendants below, which was brought here for review by this writ of error.

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IN ERROR TO THE CIRCUIT COURT OF THE UNITED. STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was an action of ejectment to recover possession of certain real estate in Philadelphia, brought by the plaintiff in error, a citizen of New Jersey, against the defendants in error, citizens of Pennsylvania, in which there was judgment for the defendants below, which was brought here for review by this writ of error. The cause was submitted to the court, on the trial below, a jury being waived in writing, where judgment was rendered upon the following findings of fact: 1. In 1861 George "W.…

1Opinion of the CourtJustice Matthews

After stating the facts in the language above reported, he continued :

Before proceeding to consider this case, as presented by -the findings of fact, it is necessary to dispose of an assignment of error based on a ruling of the Circuit Court during the progress of the trial. It appears from a bill of exceptions that “the plaintiff offered to prove that a tender of the money, under decree of the Supreme Court of Pennsylvania, in suit No. 60, January term, 1868, was made about the end of May, 1869, by Charles II. Muirhead; that the assignment was returned from Lyon and Taylor executed in blank;…

2Cases cited5 opinions

  1. Burgess v. SeligmanSupreme Court of the United States · 1883
  2. Carroll County v. SmithSupreme Court of the United States · 1884
  3. Brobst v. BrockSupreme Court of the United States · 1871
  4. Britton v. ThorntonSupreme Court of the United States · 1884
  5. Lessee of Murphy v. M'ClearySupreme Court of Pennsylvania · 1802

3Cited by44 opinions

  1. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
  2. Miller v. AmmonSupreme Court of the United States · 1892
  3. Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
  4. Hurt Building Inc. v. Atlanta Trust Co.Supreme Court of Georgia · 1935
  5. Balkam v. Woodstock Iron Co.Supreme Court of the United States · 1894

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