Meese v. Levis
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Centre county. This was an Ejectment for 433 acres of land, to part of wbicli defendants disclaimed title. The cause was tried in April, 1843. Verdict for plaintiffs. Writ of error was filed in October, 1849. The charge given was excepted to at the trial, on the part'of both plaintiffs and defendants; but it was not written out at the time. In 1849, a writ of error was taken.
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Error to tbe Common Pleas of Centre county. This was an Ejectment for 433 acres of land, to part of wbicli defendants disclaimed title. The cause was tried in April, 1843. Verdict for plaintiffs. Writ of error was filed in October, 1849. The charge given was excepted to at the trial, on the part'of both plaintiffs and defendants; but it was not written out at the time. In 1849, a writ of error was taken. The cases of Kile vs. Brown, 5 Barr 291, and Waggoner vs. Hastings, 5 Barr 300, having, it was sujiposed by counsel, decided the law, contrary to that stated in the charge, delivered in this…
1Opinion of the Court
*385The opinion of tbe court was delivered by
Bell, J.
The only error assigned is said to be in the charge of the court below. But the preliminary question is made, whether this is so brought upon the record that we can with propriety notice it ?
The difficulty is ascribed to the very great looseness of practice which obtains in some portions of the commonwealth, generated by a total oblivion of the distinction between a bill of exceptions tendered under the statute of Westminster, and a request preferred under our act of 24th February, 1806; and the frequent disregard of the duties incumbent on…
2Cases cited3 opinions
- Case of Spring Garden StreetSupreme Court of Pennsylvania · 1833
- Jones v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
- Lancaster v. De NormandieSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Rimer's Contested Election. Geary's App'l.Supreme Court of Pennsylvania · 1934
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893