Page v. Simpson
Supreme Court of Pennsylvania
Appeal, No. 141, Oct. T., 1895, by plaintiff, from judgment of C. P. Jefferson Co., May T., 1891, No. 180, on verdict for defendant. Ejectment for four thousand four hundred and thirty-seven acres of land in Jefferson county. Before Mayer, P. J., of the 25th judicial district, specially presiding. The names of the parties as they appeared upon the record, were S. Davis Page v. Chandler P. Wainwright, Willis L. Bryant and W. A. Simpson.
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Appeal, No. 141, Oct. T., 1895, by plaintiff, from judgment of C. P. Jefferson Co., May T., 1891, No. 180, on verdict for defendant. Ejectment for four thousand four hundred and thirty-seven acres of land in Jefferson county. Before Mayer, P. J., of the 25th judicial district, specially presiding. The names of the parties as they appeared upon the record, were S. Davis Page v. Chandler P. Wainwright, Willis L. Bryant and W. A. Simpson. The return of the sheriff showed personal service upon William A. Simpson and nihil habet as to Wainwright and Bryant. The plaintiff claimed upon a sheriff’s…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The first assignment of error cannot be sustained. Three defendants were named in the prsecipe and summons. As to two of them the return was “ nihil habet.” Personal service was made upon the third who appeared and pleaded. When the case was reached for trial on the issue so made the plaintiff offered to prove that the other defendants had actual notice of the pendency of the action in order to make the verdict to be rendered binding upon them under the act of 1853. This offer was properly refused. Before this proof could be made, it was necessary that the…
2Cases cited3 opinions
- Turner v. ReynoldsSupreme Court of Pennsylvania · 1854
- Clark v. TrindleSupreme Court of Pennsylvania · 1866
- Yost v. BrownSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Dunn v. MilanovichSupreme Court of Pennsylvania · 1930
- Jefferson County Gas Co. v. United Natural Gas Co.Supreme Court of Pennsylvania · 1915
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Mellon National Bank v. People's BankSupreme Court of Pennsylvania · 1910
- Galbraith v. RutterSuperior Court of Pennsylvania · 1902
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