Shirtz v. Shirtz
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. ■ Magdalena Shirtz v. Jacob Shirtz. The plaintiff brought an action of dower against the defendant, in which.the jury found a verdict, “that Tobias Shirtz did not die seised; that the whole annual value of the premises at the time of the alienation was 33 dollars; one third of which they find to be of the annual value of 11 dollars.” Upon which the entry was made, “ judgment on verdict.”
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ERROR to the common pleas of Columbia county. ■ Magdalena Shirtz v. Jacob Shirtz. The plaintiff brought an action of dower against the defendant, in which.the jury found a verdict, “that Tobias Shirtz did not die seised; that the whole annual value of the premises at the time of the alienation was 33 dollars; one third of which they find to be of the annual value of 11 dollars.” Upon which the entry was made, “ judgment on verdict.” The plaintiff, upon-this judgment, sued out the following writ of scire facias: “ Columbia county, ss. The commonwealth of Pennsylvania to the sheriff of Columbia…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The court below were clearly right in rendering judgment for the plaintiff. The judgment, recited in the scire facias, is such as the demandant was entitled to have upon the verdict of the jury in her writ of dower; and, therefore, the short entry made by the clerk, of “judgment on verdict,” must be considered as having been carried out afterwards in that form. And it having been proved, to the conviction of the jury on the trial, that the husband of the demandant had alienated the land, of which she sought to recover dower, during the…
2Cases cited2 opinions
- Thompson v. MorrowSupreme Court of Pennsylvania · 1819
- Leineweaver v. StoeverSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
- Bridgeford v. Groh Et Ux.Supreme Court of Pennsylvania · 1932
- Shupe v. RaineySupreme Court of Pennsylvania · 1917
- Bank of the United States v. DunsethOhio Supreme Court · 1840
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1930
- Bridgeford v. Groh, Pennsylvania Court of Common Pleas, Philadelphia County1927