Behrens v. Mountz
Superior Court of Pennsylvania
Appeal, No. 19, March T., 1908, by plaintiff, from judgment of C. P. Cumberland Co., Feb. T., 1906, No. 210, on verdict for plaintiff in case of Frederick Behrens and Elizabeth J. Behrens, his wife, v. Jacob J. Mountz. Trespass to recover damages for wrongful eviction. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. At the trial when the plaintiff was under examination, the attorney for the defendant called the witness a liar.
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Appeal, No. 19, March T., 1908, by plaintiff, from judgment of C. P. Cumberland Co., Feb. T., 1906, No. 210, on verdict for plaintiff in case of Frederick Behrens and Elizabeth J. Behrens, his wife, v. Jacob J. Mountz. Trespass to recover damages for wrongful eviction. Before Sadler, P. J. The facts are stated in the opinion of the Superior Court. At the trial when the plaintiff was under examination, the attorney for the defendant called the witness a liar. Plaintiff’s attorney thereupon petitioned the court to withdraw a juror and continue the case. Mr. Berg: I would like to withdraw any…
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of trespass for damages resulting from an unlawful eviction. Esther Nunemaker died on March 3, 1899, intestate, seized of a small farm in Frankfort township, Cumberland county, and leaving to survive her as sole heirs at law her husband, John Nunemaker, and two daughters, Mary Nunemaker and Elizabeth, married to Frederick Behrens. John Nunemaker took possession of the farm as tenant by the curtesy, and on March 29, 1899, leased a part of the farm to Frederick and Elizabeth J. Behrens, the plaintiffs and appellants in this case, who took possession under…
2Cases cited17 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Cole v. Ellwood Power Co.Supreme Court of Pennsylvania · 1907
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- West Mahanoy Township v. WatsonSupreme Court of Pennsylvania · 1887
- Dougherty v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1906
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3Cited by5 opinions
- Commonwealth v. SpiegelSuperior Court of Pennsylvania · 1951
- John Wanamaker, Phila. v. ChaseSuperior Court of Pennsylvania · 1922
- Reddelien v. AtkinsonSuperior Court of Pennsylvania · 1911
- Thompson v. HedrickSuperior Court of Pennsylvania · 1927
- Morris v. FaheySuperior Court of Pennsylvania · 1917