Kille v. Ege
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1876, No. 101. . This was an action "of. trespass for mesne profits, brought by Caroline Ege, John W. Ege, Emma K. Ege, Joseph B. Haverstick and Mary C., his wife in her right, S. Kate Ege, George T. Ege, Robert S. Ege and Charles R. Ege, minors, by their guardian, Joseph B. Haverstick, against Charles Wharton and John T. Kille.
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1876, No. 101. . This was an action "of. trespass for mesne profits, brought by Caroline Ege, John W. Ege, Emma K. Ege, Joseph B. Haverstick and Mary C., his wife in her right, S. Kate Ege, George T. Ege, Robert S. Ege and Charles R. Ege, minors, by their guardian, Joseph B. Haverstick, against Charles Wharton and John T. Kille. The lands of which the mesne profits were claimed were recovered in an action of ejectment, brought on the 7th day of June 1872, by William Cox and others, against Edward Noble and others (see 29 P.…
1Opinion of the CourtJustice Mercur
While due effect should be given to the statutes authorizing amendments, yet care must be taken that they be not so used as to pervert their true spirit. None of the defendants in error were originally parties to the action of ejectment, the record of which they gave in evidence. They were substituted some two years after the writ issued. The original plaintiffs had no title and were nonsuited. The defendants in error did not derive title from them, but recovered on their own title solely. It was in nowise connected with the original plaintiffs. The so-called amendment was not the addition of…
2Cases cited5 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- Hibshman v. DullebanSupreme Court of Pennsylvania · 1835
- Huston v. WickershamSupreme Court of Pennsylvania · 1841
- Bailey v. FairplaySupreme Court of Pennsylvania · 1814
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- LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
- Commonwealth, to Use v. CrowSupreme Court of Pennsylvania · 1928
- Furst v. Building & L. Ass'n, Pennsylvania Court of Common Pleas, Clinton County1889
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925
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