Shaffer v. List
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny county: Of October Term 1886, No. 46. This was an action of ejectment brought by Peter List, committee of the person and estate of Nicholas Shaffer, a lunatic, against Christina Shaffer, the wife of the lunatic, to recover possession of the homestead occupied by her and his minor children as they had done while he was sane. Plea, not guilty.
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Error to the Court of Common Pleas No. 1, of Allegheny county: Of October Term 1886, No. 46. This was an action of ejectment brought by Peter List, committee of the person and estate of Nicholas Shaffer, a lunatic, against Christina Shaffer, the wife of the lunatic, to recover possession of the homestead occupied by her and his minor children as they had done while he was sane. Plea, not guilty. It appears from the paper books of both the plaintiff and of the defendant, that there was no evidence offered in the case. The facts were stated orally to the court, and there being no dispute the}'…
1Opinion of the CourtJustice Sterrett
In plaintiff in error’s history of the case, as well as in defendant’s counter statement of facts, it is asserted that no testimony was offered in the court below by either party, and hence we are not furnished with any evidence. This is a rather novel method of trying an action of ejectment; and if it were not that the learned counsel agree as to a few controling facts which appear to have been admitted and acted upon by the court below, as evidence, we would feel constrained to remand the case for trial.in a more orderly way.
This action was brought by Peter List, committee of the person and…
2Cited by13 opinions
- Interboro Bank and Trust Co. AppealSupreme Court of Pennsylvania · 1948
- Voshake's EstateSuperior Court of Pennsylvania · 1936
- Jennings v. BloomfieldSupreme Court of Pennsylvania · 1901
- Davidson's EstateSupreme Court of Pennsylvania · 1936
- Commonwealth Ex Rel. Flowers v. FlowersSupreme Court of Pennsylvania · 1937
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