Legal Opinion

Martin v. Ives

Supreme Court of Pennsylvania

Decided June 24, 1828PublishedCited by 1 opinion

IN ERROR. This was a writ of error to the Court of Common Pleas of Tioga county, in an ejectment for four hundred and forty acres of land; brought by John Ives and others, defendants in err.or and plaintiffs below, against William Martin and others, plaintiffs in error and defendants below. The cause was arbitrated under the act of the 20th of March, 1810, at the instance of the defendants, and an award made, that the plaintiff had no cause of-action.

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IN ERROR. This was a writ of error to the Court of Common Pleas of Tioga county, in an ejectment for four hundred and forty acres of land; brought by John Ives and others, defendants in err.or and plaintiffs below, against William Martin and others, plaintiffs in error and defendants below. The cause was arbitrated under the act of the 20th of March, 1810, at the instance of the defendants, and an award made, that the plaintiff had no cause of-action. The plaintiffs appealed. The defendants moved the court below to strike off this appeal, but the court refused. Afterwards, the cause heing at…

1Opinion of the Court

The opinion of the court (Huston, J. takirig-no part in consequence of a remote interest in the cause,) was delivered by

Gibson, C. J.

Whether the suffering of a nonsuit be within the purview of the act, we do not positively determine. It certainly produces the consequences of a retraxit, by depriving the defendant of his remedy against the plaintiff, and stands in equal mischief. To prevent the' plaintiff from eluding further responsibility by shifting his ground and setting up the avvard, after the defendant may have been induced to forego the right of appealing for himself, seems to have…

2Cited by1 opinion

  1. Kelly v. EichmanSupreme Court of Pennsylvania · 1838

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