Crumley v. Lutz
Supreme Court of Pennsylvania
Appeal, No. 377, Jan. T., 1896, by the plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. Term, 1893, No. 802, on verdict for defendants. Ejectment for a tract of land on Moyamensing road and Penn-rose Ferry road in the city of Philadelphia. Before Arnold, J. At the trial a verdict was taken for the defendants in the absence of the plaintiffs and their counsel.
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Appeal, No. 377, Jan. T., 1896, by the plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. Term, 1893, No. 802, on verdict for defendants. Ejectment for a tract of land on Moyamensing road and Penn-rose Ferry road in the city of Philadelphia. Before Arnold, J. At the trial a verdict was taken for the defendants in the absence of the plaintiffs and their counsel. Subsequently plaintiffs moved in arrest of judgment, filing the following reasons: 1. Because the jury was called, and a verdict for the defendants taken by the court in the absence of the plaintiffs, their witnesses and…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an action of ejectment brought to recover possession of a tract of land in the 26th ward of the city of Philadelphia. The court below, in the absence of the plaintiffs, their witnesses and counsel, called a jury, allowed the defendants to present their evidence and directed a verdict in their favor. From the judgment entered on the verdict this appeal was taken. In Felts v. D., L. & W. R. R. Co., 170 Pa. 432, the court called a jury in the plaintiff’s absence and directed a verdict for the defendant. On appeal it was determined that the proceeding was…
2Cases cited6 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- M'Lughan v. BovardSupreme Court of Pennsylvania · 1835
- M'Credy v. FeySupreme Court of Pennsylvania · 1838
- Treaster v. FleisherSupreme Court of Pennsylvania · 1844
- Easton Bank v. CoryellSupreme Court of Pennsylvania · 1844
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- Raymond v. CostallasSupreme Court of Pennsylvania · 1950