Mohan v. Butler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term, 1886, No. 308. This was an action brought by Terrence Mohan, as landlord, against James Butler, as tenant, under the Act of April 3d, 1830, before T., D. Brennan, justice of the peace. The justice gave judgment for the plaintiff. The defendant thereupon appealed to the Court of Common Pleas.
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Error to the Court of Common Pleas of Schuylkill county: Of January Term, 1886, No. 308. This was an action brought by Terrence Mohan, as landlord, against James Butler, as tenant, under the Act of April 3d, 1830, before T., D. Brennan, justice of the peace. The justice gave judgment for the plaintiff. The defendant thereupon appealed to the Court of Common Pleas. The transcript of the proceedings before the justice stood as the declaration to which the defendant pleaded non demisit, no rent in arrear. The following is the case as it appeared on the trial before ' Green, J.: James Butler…
1Opinion of the CourtJustice Clark
The error assigned in this case, is that judgment was entered for the defendant, non obstante veredicto, upon the question of law reserved in the answer of the court, to the defenddant’s third point. In the determination of this question, we must assume the facts to be as they are in the point stated. No exception was taken to the manner in which the question was reserved, or to the facts assumed, out of which the question óf law is supposed to arise ; the parties are therefore conclusively presumed to have acquiesced in the facts as stated in the point, and assented to the reservation as…
2Cases cited2 opinions
- Clark v. EverlySupreme Court of Pennsylvania · 1844
- Debozear v. ButlerSupreme Court of Pennsylvania · 1854
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