Thompson v. M'Connell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county. This was an action of ejectment for sixty-seven acres of land, —a gore — in Wayne township: but the opinion in this court being entirely on the subject of practice, the facts are omitted, tbe opinion being sufficiently explanatory of itself.
1Opinion of the Court
Tbe opinion of tbe court was delivered
by Knox, J.
— We are satisfied with tbe reasons given by the Court of Common Pleas, for tbe instruction to tbe jury to find for tbe plaintiff.
When not one of the errors is assigned in accordance with tbe rules of court, it cannot be expected that they will be separately discussed and passed upon. Strictly speaking, even if errors existed, tbe failure to assign them, as directed by tbe rules, is a waiver of them; and tbe judgment is to be affirmed, as a matter of course. It may be gratifying to tbe plaintiff in error, in this case, to know that be has lost…
2Cited by2 opinions
- Burkholder v. StahlSupreme Court of Pennsylvania · 1869
- Little v. FearonSuperior Court of Pennsylvania · 1912