Ulshafer v. Stewart
Supreme Court of Pennsylvania
Error to the court of Common Pleas of Schuylkill county: No. 208, to January Term 1871. This was an action of ejectment brought March 21st 1868, by Franklin Stewart against Solomon Ulshafer, for “ a tract of land lying partly in the township of Union, in Schuylkill county, and partly in Columbia county, warranted by the Commonwealth in the name of William Stewart, junior, and containing four hundred acres, &c.”
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Error to the court of Common Pleas of Schuylkill county: No. 208, to January Term 1871. This was an action of ejectment brought March 21st 1868, by Franklin Stewart against Solomon Ulshafer, for “ a tract of land lying partly in the township of Union, in Schuylkill county, and partly in Columbia county, warranted by the Commonwealth in the name of William Stewart, junior, and containing four hundred acres, &c.” After the issuing of the writ of error, and before the assignment of errors, the plaintiff in error died; defendant in error moved that the writ of error abate. This motion was argued…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
An afiidavit by the defendant in error that the plaintiff died after the issuing of the writ, and before assignment of errors has been filed and a motion made to abate it. It would have been more regular and formal to have pleaded in abatement, so that if denied the fact might have been put at issue. No objection, however, has been made on this ground, and we will proceed to consider the question. It is undoubtedly true, that at common law a writ of error shall abate when the plaintiff in error dies before errors assigned, but if he die…
2Cases cited2 opinions
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- In re Mississippi River Power Co.District Court, S.D. Iowa · 1917
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