Lake Winola Ass'n v. Mott
Superior Court of Pennsylvania
Appeal No. 17, Jan. T., 1896, from the order of C. P. Wyoming Co., Nov. T., 1892, No. 77, refusing to take off a compulsory nonsuit.
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Appeal No. 17, Jan. T., 1896, from the order of C. P. Wyoming Co., Nov. T., 1892, No. 77, refusing to take off a compulsory nonsuit. Ejectment to recover all that certain lot of piece of land, situate in Overfield township, Wyoming county, Penna., and beginning at the water’s edge of Lake Winola, and running thence, along the line of the lands of defendants, easterly, about ten rods, to the line dividing the John Lynch and Samuel Allen warrants, thence, northerly along said warrant line, ten rods to a corner; thence westerly ten rods, and thence southerly, and parallel to the said Lynch and…
1Opinion of the Court
'Opinion by
Smith, J.,
It is unnecessary to consider the first assignment, since error does not lie to the entry of a compulsory nonsuit, but to a refusal to set it aside: Scranton City v. Banres, 147 Pa. 461.
The act of March 11, 1875, P. L. (6), provides that whenever the defendant shall offer no evidence the trial judge may “ order a judgment of nonsuit to be entered, if, in his opinion, the plaintiff shall have given no such evidence as in law is sufficient to maintain the action, with leave, nevertheless, to move the court in banc to-set aside such judgment of nonsuit.” In the present…
2Cases cited9 opinions
- Contested Election of CusickLackawanna County Court of Quarter Sessions · 1890
- Olewine v. Messmore, Pennsylvania Court of Common Pleas, Fayette County1889
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- Tillmes v. MarshSupreme Court of Pennsylvania · 1871
- McIntire v. WingSupreme Court of Pennsylvania · 1886
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- Harris v. Pittsburg & Lake Erie Railway Co.Superior Court of Pennsylvania · 1899
- Kay Realty Corp. v. Elster, Pennsylvania Court of Common Pleas, Philadelphia County1960