Legal Opinion

Fritz v. Menges

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 166PublishedCited by 3 opinions

Appeal, No. 166, Oct. Term 1896, by plaintiffs from judgment of O. P. Somerset County, Sept. Term 1894, No. 205, on verdict for defendant. Ejectment for a tract of land in Allegheny township. Before Longenecker, P. J. At the trial it appeared that the plaintiffs claimed as heirs at law of John Geiger.

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Appeal, No. 166, Oct. Term 1896, by plaintiffs from judgment of O. P. Somerset County, Sept. Term 1894, No. 205, on verdict for defendant. Ejectment for a tract of land in Allegheny township. Before Longenecker, P. J. At the trial it appeared that the plaintiffs claimed as heirs at law of John Geiger. The defendant claimed title under the following instrument in writing: This article of agreement, made and entered into this 15th day of December, A. D. 1888, by and between John Geiger, of Allegheny township, Somerset county, Pa., of the one part, and Thomas A. Menges, of Summit township, same…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

In the language of plaintiffs’ only point, the learned trial judge instructed the jury that, “ under all the evidence in the case, the verdict must be for the plaintiffs for the land in dispute ; ” and accordingly a verdict was taken, subject to the *129opinion of the court on the question of law presented by said point. The defendant alone excepted to this ruling; but, inasmuch as judgment non obstante veredicto was subsequently entered in his favor on the question reserved, he of course abandoned his exception; and no question, as to the form of the…

2Cases cited5 opinions

  1. Towle v. . RemsenNew York Court of Appeals · 1877
  2. Phillips v. SwankSupreme Court of Pennsylvania · 1888
  3. Dreisbach v. SerfassSupreme Court of Pennsylvania · 1889
  4. Johnson v. McCueSupreme Court of Pennsylvania · 1859
  5. Ogden v. BrownSupreme Court of Pennsylvania · 1859

3Cited by3 opinions

  1. Calhoun v. HaysSuperior Court of Pennsylvania · 1944
  2. Davis v. MartinSuperior Court of Pennsylvania · 1898
  3. Knoppel's EstatePennsylvania Orphans' Court, Philadelphia County · 1922

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