Caldwell v. Holler
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county. This was an action of ejectment brought in the Common Pleas to August Term 1849, by Samuel Caldwell against Philip Holler, for two acres and sixty-two perches of land, in Brady township, near the Juniata river in said county.
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Error to the Common Pleas of Huntingdon county. This was an action of ejectment brought in the Common Pleas to August Term 1849, by Samuel Caldwell against Philip Holler, for two acres and sixty-two perches of land, in Brady township, near the Juniata river in said county. On the trial the plaintiff gave in evidence a warrant, dated May 16th 1848, to himself for three acres of unimproved land, “bounded on the north and north-east by lands surveyed in the name of Joseph Pridmore, on the south-east by lands in the name of Alexander Chambers and Benjamin Drake, and on the south-west by, or near…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The assignments of error in this case relate : first, to the answer of the court to the plaintiff’s first-and only point; second, to a portion of the general charge; and third, in not directing the jury to find in favour of the plaintiff.
1. The law of the answer to the plaintiff’s point is not controverted in the argument, but itis assumed that the learned judge charged that the defendant’s testimony was sufficient to defeat the plaintiff’s case, thus making the testimony given, an element of the exception. This ivas not so. He said, in…
2Cases cited2 opinions
- Hulse v. WrightOhio Supreme Court · 1832
- Lessee of Merchant v. MillisonSupreme Court of Pennsylvania · 1800
3Cited by2 opinions
- Keystone Wood Co. v. Susquehanna Boom Co.Court of Appeals for the Third Circuit · 1917
- Kron v. DaughertySuperior Court of Pennsylvania · 1898