Miller v. Bealer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county : Of January Term, 1882, No. 299. Ejectment, by Jacob B. Miller against Barbara Bealer, wife of John Bealer, and John Bealer, her husband.
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Error to the Court of Common Pleas of Lancaster county : Of January Term, 1882, No. 299. Ejectment, by Jacob B. Miller against Barbara Bealer, wife of John Bealer, and John Bealer, her husband. There was no declaration filed, the premises being described in the praecipe and writ as a lot of ground situate on the north-east corner of Pitt and Ferdinand streets, in the borough of Manlieim, containing in front on Ferdinand street 50 feet, and extending of that width northward 114 feet to ground of Mrs. Mary Yotter, bounded on the east by property of Mrs. Barbara Bealer. Plea, not guilty. When…
1Opinion of the CourtJustice Trunkey
When the defendant moves for a nonsuit, the plaintiff’s-evidence must be taken to be true, and every reasonable inference of fact, which a jury might draw from it in favor of the plaintiff, must be drawn by the judge : Smyth v. Craig, 3 W. & S. 14. In effect, the motion is a demurrer to evidence, except that judgment cannot be entered for the plaintiff, and the defendant is considered as admitting every fact which the evidence tends to prove : Bevan v. Insurance Co. 9 W. & S. 187.
In 1871, Mrs. Bealer was living on the property in controversy, which then belonged to White. Miller gave her…
2Cases cited3 opinions
- Smyth v. CraigSupreme Court of Pennsylvania · 1841
- Santee v. KeisterSupreme Court of Pennsylvania · 1813
- Bevan v. Insurance Co.Supreme Court of Pennsylvania · 1844
3Cited by9 opinions
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Finch v. Conrade'sSupreme Court of Pennsylvania · 1893
- Hineman v. MatthewsSupreme Court of Pennsylvania · 1890
- Fisher v. Monongahela C. Ry. Co.Supreme Court of Pennsylvania · 1890
- Bucklin v. DavidsonSupreme Court of Pennsylvania · 1893
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