McCloskey v. Kunes
Pennsylvania Court of Common Pleas, Centre County
No. 6 July Term 1890, Sup. Ct.; court below, No. 70 April Term 1885, C. P. On February 5, 1885, a summons was served in ejectment by John McCloskey and Matthias McCloskey against D. B. Kunes and Joseph B. Poorman. Issue. At the trial, on January 2,1886, before Simonton, P J. 12th district, specially presiding, a verdict was rendered for the plaintiffs.
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No. 6 July Term 1890, Sup. Ct.; court below, No. 70 April Term 1885, C. P. On February 5, 1885, a summons was served in ejectment by John McCloskey and Matthias McCloskey against D. B. Kunes and Joseph B. Poorman. Issue. At the trial, on January 2,1886, before Simonton, P J. 12th district, specially presiding, a verdict was rendered for the plaintiffs. On March 21, 1887, on writ of error to No. 312 January Term 1886, the judgment entered on the verdict was reversed, with a venire de novo: Kunes v. McCloskey, 115 Pa. 461. The record having been returned, an agreement was filed submitting the…
1Per curiam
The elaborate argument of the appellant has failed to convince us that we committed any error when this case was here before : See Kunes v. McCloskey, 115 Pa. 461. There appears to be an impression prevailing to some extent with the bar that two judgments in this court are as essential to settle a title in ejectment, as are two verdicts at law in the court below. We do not care to re-open the discussion; it is sufficient to repeat what was said near the close of the opinion in 115 Pa. 468: “ The sale of the Joseph Taylor having been prior to the sale of the Robert Irwin, it is difficult to…
2Cases cited2 opinions
- Hunter v. AlbrightSupreme Court of Pennsylvania · 1843
- Kunes v. McCloskeySupreme Court of Pennsylvania · 1887
3Cited by2 opinions
- Proctor v. Sagamore Big Game ClubDistrict Court, W.D. Pennsylvania · 1958
- Taylor v. TaylorSupreme Court of Pennsylvania · 1910