Irvin v. Bleakley
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 208, to October and November Term 1869. . This was an action.of assumpsit, brought May 20th 1868, by Samuel P. Irvin against James Bleakley.
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Error to the District Court of Allegheny county: No. 208, to October and November Term 1869. . This was an action.of assumpsit, brought May 20th 1868, by Samuel P. Irvin against James Bleakley. The plaintiff declared: 1. That on the 4th of February 1865, he, with one J. W. Murphy, purchased from the defendant several pieces of land in Yenango county, one containing 20 acres, adjoining out-lots of the borough of Franklin, one out-lot containing about 2 acres, another out-lot containing about 3 acres, out of which the defendant reserved seventy-five feet fronting on a public street to the back…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
If essential elements, indispensible to a plaintiff’s right of recovery appear to be wanting in his case, when he has given his evidence, the court commits no error in granting a nonsuit, either on motion, or of its own accord. That is what was done in this case, and this, and the refusal to take it off, constitute the supposed error of the case.' We have very carefully examined the testimony given by the plaintiffs below, and have not been able to discover the error complained of. The *28plaintiffs were bound by their articles of…
2Cases cited2 opinions
- Adams v. WilliamsSupreme Court of Pennsylvania · 1841
- Bredin v. AgnewSupreme Court of Pennsylvania · 1842
3Cited by28 opinions
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Cohn v. Weiss Et Ux.Supreme Court of Pennsylvania · 1947
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
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