City of Allegheny v. Nelson
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an ejectment brought by William Nelson and others, against the city of Allegheny, to recover an island in the Allegheny river containing nine and three-fourth acres. On the 22d January, 1828, E. G. Nelson, through whom plaintiffs claim, made application -to the land office, under the Act of 27th January, 1806, for a warrant for the said island.
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Error to the District Court of Allegheny county. This was an ejectment brought by William Nelson and others, against the city of Allegheny, to recover an island in the Allegheny river containing nine and three-fourth acres. On the 22d January, 1828, E. G. Nelson, through whom plaintiffs claim, made application -to the land office, under the Act of 27th January, 1806, for a warrant for the said island. Appraisers were appointed to value the same, and make return whether such island was susceptible of cultivation in grain or esculent roots, in ordinary seasons. Their return valued the land at…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
This is an application to reverse the judgment of the Court below, without furnishing us with all the evidence pertinent to the questions discussed. If we are not permitted to see the evidence given on the trial, it is impossible to know whether the instructions have injured the plaintiff in error or not. To justify a reversal of a judgment, after a trial, it must be made apparent from the record, not only that an error has been committed, but that it materially injured the rights of the party complaining. To reverse, without being…
2Cited by11 opinions
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