Zubler v. Schrack
Supreme Court of Pennsylvania
Error to the Common Pleas of Clinton County. This case was before in the Supreme Court, and is reported in 10th Casey’s R. p. 88, to which reference is made for a statement of the facts.
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Error to the Common Pleas of Clinton County. This case was before in the Supreme Court, and is reported in 10th Casey’s R. p. 88, to which reference is made for a statement of the facts. After a second trial in the Common Pleas, where the ruling was in accordance with that of the Supreme Court, it was brought back by the plaintiff, on a writ of error, and the opinion of the court affirming their former ruling and the last judgment of the Common Pleas was delivered by Thompson, J., whose opinion is not given here, it having been marked to be reported in the State Reports.
1Opinion of the Court
Woodward, J.,
dissented, and filed the following opinion:—
Although the learned judge followed our ruling when this case was here before (10 0. 38), and thus performed his whole duty, it is, nevertheless, impossible to support the judgment. View the facts as we may, the conclusion is inevitable that we fell into error in our former ruling, and I think it more becoming to correct the error promptly upon its' discovery, than t.o attempt to palliate and conceal it.
If the case were to be decided upon the statute of limitations, Zubler would be entitled to the judgment, for he went into possession…
2Cases cited3 opinions
- Lessee of Bonnet v. DevebaughSupreme Court of Pennsylvania · 1810
- Gordon v. Lessee of MooreSupreme Court of Pennsylvania · 1812
- Lessee of M'Teer v. ButtorffSupreme Court of Pennsylvania · 1806
3Cited by3 opinions
- In Re Opening Private Road Ex Rel. O'ReillyCommonwealth Court of Pennsylvania · 2008
- Lessee of M'Teer v. ButtorffSupreme Court of Pennsylvania · 1806
- O'Reilly v. Hickory on the Green Homeowners Ass'nCommonwealth Court of Pennsylvania · 2008