Nickle v. M'Farland
Supreme Court of Pennsylvania
ERROR to the common pleas of Jllleghany county. This was an action of ejectment by William Nickle against Audley M’Farland, William Brown, William M’Cormick, Matthew Harbison and James Porter, for four hundred and fifty acres of land. The defendants appeared, and pleaded jointly not guilty, in 1832 the cause was tried, and a verdict and judgment for the defendants, which, upon a writ of error, was reversed, and a venire facias de novo awarded.
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ERROR to the common pleas of Jllleghany county. This was an action of ejectment by William Nickle against Audley M’Farland, William Brown, William M’Cormick, Matthew Harbison and James Porter, for four hundred and fifty acres of land. The defendants appeared, and pleaded jointly not guilty, in 1832 the cause was tried, and a verdict and judgment for the defendants, which, upon a writ of error, was reversed, and a venire facias de novo awarded. The record was returned, and the cause continued until 1836, when the plaintiff suffered a nonsuit for not bringing his cause to trial. On the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
It must strike every one as strange that the complaint on the writ of error coram vobis was, that a judgment was given for a dead man: yet the common pleas were asked to reverse that judgment without bringing his representatives before them; and we are now deciding the same case with an admission that Audley M’Farland is dead, and his representatives are not before us, nor has the plaintiff given them any notice to be before us Let us see whether there is any cause for reversal on this record in the common pleas or here.
I will first dispose…
2Cases cited7 opinions
- Jackson v. WoodsNew York Supreme Court · 1810
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1807
- Wilson's Lessee v. CampbellSupreme Court of Pennsylvania · 1785
- Lessee of Burkhart v. BowSupreme Court of Pennsylvania · 1804
- Osbourn v. OsbournSupreme Court of Pennsylvania · 1824
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