Legal Opinion

Chisholm v. Thompson

Supreme Court of Pennsylvania

Decided October 9, 1911No. Appeal, No. 245PublishedCited by 7 opinions

Appeal, No. 245, Jan. T., 1910, by plaintiff, from decree of C. P. Fayette Co., Equity No. 552, on bill in equity in case of Daniel Chisholm v. Josiah Y. Thompson et al. Bill to quiet title, to fix the line between two adjoining pieces of real estate, to restrain the defendants from constructing a building, and to ascertain and award damages.

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Appeal, No. 245, Jan. T., 1910, by plaintiff, from decree of C. P. Fayette Co., Equity No. 552, on bill in equity in case of Daniel Chisholm v. Josiah Y. Thompson et al. Bill to quiet title, to fix the line between two adjoining pieces of real estate, to restrain the defendants from constructing a building, and to ascertain and award damages. The bill averred that the defendants were about to erect a building the easterly wall of which would encroach upon the westerly side of the adjoining lot belonging to plaintiff. The defendants answered that the strip of land upon which the plaintiff…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The manner in which the appellant’s paper-book was prepared and printed has added greatly to the difficulty of review. Many pages of testimony are duplicated in such a way as to lead to confusion; connected and essential words are left out of the findings and several important exhibits are omitted. Scarcely any of the assignments of error conform to the equity rules or the rules of this court. Equity rules 64-67 provide that after the adjudication is filed exceptions may be taken in the court below, “which exceptions shall cover all objections to rulings on…

2Cases cited5 opinions

  1. Safe Deposit & Trust Co. v. Bovaird & Seyfang Manufacturing Co.Supreme Court of Pennsylvania · 1910
  2. Carroll v. MinerSuperior Court of Pennsylvania · 1896
  3. Tyler v. FickettSupreme Judicial Court of Maine · 1882
  4. Breneiser v. DavisSupreme Court of Pennsylvania · 1890
  5. New Cumberland Borough v. Riverton Consolidated Water Co.Supreme Court of Pennsylvania · 1911

3Cited by7 opinions

  1. Commonwealth v. FilerSupreme Court of Pennsylvania · 1915
  2. Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
  3. McIntosh v. RoppSupreme Court of Pennsylvania · 1912
  4. Brown v. HughesSupreme Court of Pennsylvania · 1914
  5. Berg v. Butler Savings & Trust Co.Supreme Court of Pennsylvania · 1912

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