Pierce v. Barney
Supreme Court of Pennsylvania
Appeal, No. 102, Jan. T., 1903, by defendants, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 1157, on verdict for plaintiff in case of James B. Pierce and John J. Shonk v. George Barney et al. Ejectment for land in Plymouth township. Before Wheaton, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for the plaintiffs. Verdict and judgment for plaintiffs. Defendants appealed.
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Appeal, No. 102, Jan. T., 1903, by defendants, from judgment of C. P. Luzerne Co., Oct. T., 1900, No. 1157, on verdict for plaintiff in case of James B. Pierce and John J. Shonk v. George Barney et al. Ejectment for land in Plymouth township. Before Wheaton, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for the plaintiffs. Verdict and judgment for plaintiffs. Defendants appealed. Errors assigned among others were (1) refusal of nonsuit; (4) in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mb. Justice Mesteezat,
In his charge to the jury, the learned trial judge discussed all the questions of fact and law raised in this case and fully vindicated the correctness of his conclusions. There was no question of fact for the jury, and, as the law applicable to the case was against the defendants, the court very properly directed a verdict for the plaintiffs.
As clearly demonstrated by the learned judge in his charge, the plaintiff established on the trial of the cause a complete paper title to the premises in dispute. To meet and overthrow this title the defendants attempted…
2Cases cited5 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
- Plummer v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1894
- Ingles v. InglesSupreme Court of Pennsylvania · 1892
- Olwine v. HolmanSupreme Court of Pennsylvania · 1854
3Cited by7 opinions
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- George T. Stagg Co. v. Frankfort Modes Glass WorksCourt of Appeals of Kentucky · 1917
- Owens v. PetersSuperior Court of Pennsylvania · 1937
- McMinn v. CummingsSuperior Court of Pennsylvania · 1914
- Rose v. MartinCourt of Appeals of Kentucky (pre-1976) · 1949
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