Connolly v. Miller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of October and November Term 1880, No. 207. Ejectment by Sarah Connolly, executrix of Martin Connolly, deceased, against Jacob D. Miller, Jacob P. Lichty and others, for a tract of land in Somerset county. The facts set forth in the opinion of this court and the following assignments of error sufficiently state the case.
Read the full summary
Error to the Court of Common Pleas of Somerset county: Of October and November Term 1880, No. 207. Ejectment by Sarah Connolly, executrix of Martin Connolly, deceased, against Jacob D. Miller, Jacob P. Lichty and others, for a tract of land in Somerset county. The facts set forth in the opinion of this court and the following assignments of error sufficiently state the case. The verdict was for defendants, when plaintiff took this writ and alleged that the court erred :— 1. In discharging the rule and refusing the writ of habere facias possessionem on 15th December 1879. 2. In decreeing that…
1Opinion of the CourtJustice Merche
The first and third assignments are to the refusal of the court to order a writ of habere faeias possessionem, to issue. In case of a conditional verdict the writ is not of course as in ordinary cases of judgment in ejectment, but can only be issued by leave of the court: Shaw v. Bayard et al., 4 Barr 257. In other words, the party asking for the writ must show to the satisfaction of the court that he is justly entitled to it. Whether there was error in refusing it in the present case depends on whether the court was justified in making the order covered by the second assignment.
The action…
2Cases cited1 opinion
- Creigh v. ShattoSupreme Court of Pennsylvania · 1845