Irwin v. Nolde
Supreme Court of Pennsylvania
Appeal, No. 180, Jan. T., 1894, by defendants, from judgment of C. P. Lancaster Co., June T., 1880, No. 24, on verdict for plaintiff. Trespass vi et armis q. c. f. Before Brubaker, J. At the trial it appeared that on May 10,1880, Lorenz Nolde, claiming to be trustee of the “ Seventh Day Baptists of Ephrata,” ejected plaintiff from two fields belonging to the society, which he claimed the right to hold under a lease. Plaintiff was called as a witness in his own behalf.
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Appeal, No. 180, Jan. T., 1894, by defendants, from judgment of C. P. Lancaster Co., June T., 1880, No. 24, on verdict for plaintiff. Trespass vi et armis q. c. f. Before Brubaker, J. At the trial it appeared that on May 10,1880, Lorenz Nolde, claiming to be trustee of the “ Seventh Day Baptists of Ephrata,” ejected plaintiff from two fields belonging to the society, which he claimed the right to hold under a lease. Plaintiff was called as a witness in his own behalf. Defendants objected to the witness, on the ground of the death of Lorenz Nolde, who was the defendant, and that that would…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This was an action of trespass to recover damages occasioned to the plaintiff by the defendants taking forcible possession of two fields of a farm which he had rented of a society of which one of the defendants, Nolde, was or claimed to be a trustee, and the other, Miller, a tenant under him of the land in dispute. The action was commenced in 1880, and both of the defendants died before the trial in 1893.
*208The first and second assignments of error relate to the admission of the testimony of plaintiff, who was objected to as a witness, to matters occurring during the…
2Cited by15 opinions
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- Ribblett v. Cambria Steel Co.Supreme Court of Pennsylvania · 1916
- O'Neill v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Berger v. Nagle, Pennsylvania Court of Common Pleas, Berks County1929
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