Legal Opinion

Albright v. Lehigh Coal & Navigation Co.

Supreme Court of Pennsylvania

Decided May 19, 1902No. Appeal, No. 23PublishedCited by 3 opinions

Appeal, No. 23, Jan. T., 1902, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1898, No. 431, on verdict for defendant in case of Elizabeth Albright et al. v. Lehigh Coal & Navigation Company. Ejectment for land in Kalin township. Before Bechtel, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 23, Jan. T., 1902, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1898, No. 431, on verdict for defendant in case of Elizabeth Albright et al. v. Lehigh Coal & Navigation Company. Ejectment for land in Kalin township. Before Bechtel, P. J. The facts appear by the opinion of the Supreme Court. The assignments of error were verbatim as follows: 1. The court below erred in not defining the distinction of the two men under whom title is claimed, viz: Moser and Mosser, Jr. 2. The court erred in not allowing the deposition of Baltz to be read, the carbon copy being…

1Opinion of the Court

Per Curiam,

Defendant has not moved to quash this appeal as it might have been done, because of the appellant’s disregard of the rules of this court in the preparation of paper-book and because, the appeal is from a refusal to take off a nonsuit, to which no exception was taken in the court below.

It has declined to take this advantage, it is stated, because *67of a desire to have the litigation ended by a review, by this court, upon the merits, which we now proceed to give.

The case was an ejectment in the court below between Elizabeth Albright and 121 other plaintiffs against defendant to recover…

2Cases cited2 opinions

  1. St. Bartholomew's Church v. WoodSupreme Court of Pennsylvania · 1869
  2. McLaughlin v. ShieldsSupreme Court of Pennsylvania · 1849

3Cited by3 opinions

  1. LANSDOWNE BY LANSDOWNE v. GC Murphy Co.Supreme Court of Pennsylvania · 1986
  2. Levy v. SpitzSupreme Court of Pennsylvania · 1929
  3. Goodyear Service, Inc. v. MooreSupreme Court of Pennsylvania · 1936

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