Irvin v. Kutruff
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1892, by-defendants, George Kutruff et al., from judgment of O. P. Cambria Co., No. 26, Sept. T., 1889, upon verdict for plaintiff, E. A. Irvin, in ejectment. Ejectment. The facts appear by opinion of Supreme Court. Errors assigned were as follows: “ 1. The court erred in affirming the plaintiff’s points. “ 2. The court erred in not affirming the 5, 6, 7 and 8 points presented by defendants.
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Appeal, No. 203, Oct. T., 1892, by-defendants, George Kutruff et al., from judgment of O. P. Cambria Co., No. 26, Sept. T., 1889, upon verdict for plaintiff, E. A. Irvin, in ejectment. Ejectment. The facts appear by opinion of Supreme Court. Errors assigned were as follows: “ 1. The court erred in affirming the plaintiff’s points. “ 2. The court erred in not affirming the 5, 6, 7 and 8 points presented by defendants. “3. The court erred in the answer to the 8th point of defendants in saying: ‘ We say that if you find the birch to be located as claimed by the defendants, and it is proved to…
1Opinion of the Court
Opinion bt
Mr. Justice Sterrett,
It is very seldom that the rules of court, relating to specifications of error, are ignored to such an extent as they are in this case.
The first specification is: “ The court erred in affirming *611plaintiff’s points.” It may be inferred from this that plaintiff presented, at least two points for charge, and that they were affirmed by the court; but what the points were, and whether more than two were presented, the so-called specification does not inform us. Referring to the charge of the court, we find that four points were presented by plaintiff, the first of…
2Cases cited1 opinion
- Burkholder v. StahlSupreme Court of Pennsylvania · 1869
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- McNeile v. CridlandSuperior Court of Pennsylvania · 1898
- Brinton v. Walker & Co.Superior Court of Pennsylvania · 1900
- Commonwealth v. LeginsSupreme Court of Pennsylvania · 1925
- Cox v. WilsonSuperior Court of Pennsylvania · 1904
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