Shaeffer v. Kreitzer
Supreme Court of Pennsylvania
IN ERROR. rI THIS was a writ of error to the Common Pleas of fl n 7 *0 6Tks COUnty• Court below, the action was an ejectment for about twenty acres of land in Tulpehocken and Bethel townships, Upon the trial of the cause, Kreitzer the defendant offered in evidence the record of a former trial and verdict in ejectment f°r the same land, and upon the same title, and between parties under whom the present plaintiff and defendant respectively claimed; having first shewn, that…
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IN ERROR. rI THIS was a writ of error to the Common Pleas of fl n 7 *0 6Tks COUnty• Court below, the action was an ejectment for about twenty acres of land in Tulpehocken and Bethel townships, Upon the trial of the cause, Kreitzer the defendant offered in evidence the record of a former trial and verdict in ejectment f°r the same land, and upon the same title, and between parties under whom the present plaintiff and defendant respectively claimed; having first shewn, that the defendant in that suit, under whom the. present plaintiff claimed, had paid the costs, and delivered up the possession…
1Opinion of the Court
Tilghman C. J.
Several cases have been cited by the plaintiff in error, to shew that the postea, containing the record of a verdict, cannot be given in evidence without producing the judgment; and the reason assigned in all these cases is, because without producing the whole record, it cannot appear that the judgment was not arrested, or a new trial ordered by the Court in bank. In our Courts of Common Pleas there is no postea, the whole proceedings being in bank. But I agree that while the cause remains undecided, a verdict in a former ejectment cannot be received as evidence of title,…
2Cases cited1 opinion
- Ridgely v. SpenserSupreme Court of Pennsylvania · 1809
3Cited by10 opinions
- Ely v. WilcoxWisconsin Supreme Court · 1870
- Velott v. LewisSupreme Court of Pennsylvania · 1883
- Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
- Delaware & Hudson Canal Co. v. BarnesSupreme Court of Pennsylvania · 1858
- McKahan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
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