Felts v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1898, by plaintiff, from order of C. P. Lackawanna Co., June T., 1889, No. 437, refusing to take off nonsuit. Ejectment for coal in Lackawanna township. From the record it appeared that on September 15, 1894, plaintiff filed of record an affidavit and prsecipe for the removal of the cause to Pike county under the Act of April 14, 1834, P. L. 395. The court refused the application.
Read the full summary
Appeal, No. 265, Jan. T., 1898, by plaintiff, from order of C. P. Lackawanna Co., June T., 1889, No. 437, refusing to take off nonsuit. Ejectment for coal in Lackawanna township. From the record it appeared that on September 15, 1894, plaintiff filed of record an affidavit and prsecipe for the removal of the cause to Pike county under the Act of April 14, 1834, P. L. 395. The court refused the application. On September 19, 1894, the case was tried in the absence of the plaintiff, and a verdict and judgment was entered in favor of defendant. On appeal it was reversed by the Supreme Court. See…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
When this case was here before (170 Pa. 432), we held that the act of April 14, 1834, entitled “ An act relative to suits brought by and against canal and railroad companies,” was repealed by the act of March 30, 1875, entitled “An act relating to and authorizing changes of venue in civil causes.” A motion for a reargument was denied in a per curiam opinion in which we said, inter alia, that the act of 1875, “ was intended *24to introduee a system applicable to all cases that might arise, and to supersede and replace the incomplete system provided by the act of…
2Cases cited4 opinions
- People v. HurstMichigan Supreme Court · 1879
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1895
- State ex rel. Vickery v. WoffordSupreme Court of Missouri · 1894
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1896
3Cited by10 opinions
- Purcell v. Bryn Mawr HospitalSupreme Court of Pennsylvania · 1990
- Masel v. GlassmanSuperior Court of Pennsylvania · 1997
- Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
- Schultz v. MMI Products, Inc.Superior Court of Pennsylvania · 2011
- Masel v. GlassmanSuperior Court of Pennsylvania · 1997
5 more not listed; retrieve them via the Exa API.