Legal Opinion

Joyce v. Lynch

Supreme Court of Pennsylvania

Decided January 4, 1886PublishedCited by 1 opinion

Error to the Court of Common Pleas, No. 2, of Allegheny County, to review a judgment for plaintiff in ejectment. By an instrument of writing dated January 10, 1883, A. M. McClure leased to T. A. Lynch a certain stone quarry. Subsequently, one Martin Joyce entered upon and worked the quarry, thereby excluding Lynch from the possession and enjoyment of it. Thereupon Lynch brought ejectment against Joyce to recover the premises and damages.

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Error to the Court of Common Pleas, No. 2, of Allegheny County, to review a judgment for plaintiff in ejectment. By an instrument of writing dated January 10, 1883, A. M. McClure leased to T. A. Lynch a certain stone quarry. Subsequently, one Martin Joyce entered upon and worked the quarry, thereby excluding Lynch from the possession and enjoyment of it. Thereupon Lynch brought ejectment against Joyce to recover the premises and damages. Joyce claimed the right and title to the quarry under the following writing: May 20, 1883. Mr. Lynch, I have made arrangements with Martin Joyce to take out…

1Opinion of the Court

Opinion bi

Mr. Justice Green:

The counsel for the plaintiff in error has printed some of his own testimony and has entirely omitted the testimony of the defendant in error. We, therefore, are disabled from verifying the allegations made in the argument respecting the testimony which is not printed.

We must assume the entire correctness of whatever the learned court below said about the evidence, which does not appear in the paper book. . . '

The court refused to affirm the defendant’s first point “for want of evidence to show any attempt to forfeit the lease on reentry by McClure after the…

2Cited by1 opinion

  1. Daspit v. EhringerSupreme Court of Louisiana · 1880

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