Smith v. Tome
Supreme Court of Pennsylvania
March 13tb and 14th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas’ of Bradford, county : No. 195, to January Term 1871. On the 23d of March 1869, Jacob Tome brought an ejectment against Israel Smith,for three tracts or parcels of land; the first containing one acre, the second containing about 138 acres, part of a tract known as the Sarah Morrison tract, the third a cluster of islands in the…
Read the full summary
March 13tb and 14th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas’ of Bradford, county : No. 195, to January Term 1871. On the 23d of March 1869, Jacob Tome brought an ejectment against Israel Smith,for three tracts or parcels of land; the first containing one acre, the second containing about 138 acres, part of a tract known as the Sarah Morrison tract, the third a cluster of islands in the Susquehanna river containing about 16 acres. There was an award for the plaintiff from which Israel Smith appealed. On the…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
It seems to us that nothing can be clearer, as it appears from the history of this case, than that there was error on part of the court below in the rejection of the defendant’s third .offer of testimony. This offer virtually includes the second, which was also rejected, and needs not be discussed separately.
It is quite true, as stated in the argument of the defendant in error, that the assignments of error in this case are not according *162to the rule of court, as construed in Burkholder v. Stahl, 8 P. E. Smith 371, and might he…
2Cited by4 opinions
- Christy v. ChristySupreme Court of Pennsylvania · 1946
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Miller v. BakerSupreme Court of Pennsylvania · 1894
- Foley v. Smay, Pennsylvania Court of Common Pleas, Westmoreland County1942