Cierlinski v. Rys
Supreme Court of Pennsylvania
Appeal, No. 228, Jan. T., 1908, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1907, No. 39, for defendant non obstante veredicto in case of Peter Cierlinski, Guardian of John Cierlinski, v. Paul Rys, W. H. Landers, Michael Olszewski and Frank Pietraszewicz. Ejectment for lot of land in the city of Erie. Before Walling, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 228, Jan. T., 1908, by plaintiff, from judgment of C. P. Erie Co., Sept. T., 1907, No. 39, for defendant non obstante veredicto in case of Peter Cierlinski, Guardian of John Cierlinski, v. Paul Rys, W. H. Landers, Michael Olszewski and Frank Pietraszewicz. Ejectment for lot of land in the city of Erie. Before Walling, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff.- The court subsequently entered judgment for defendants non obstante veredicto. Error assigned was in entering judgment for defendants non obstante veredicto.
1Opinion of the Court
Opinion by
Me. Justice Fell,
Francis Cierlinski died in 1890 leaving to survive him a widow, who married five months after his death, and a son seventeen months old, whose guardian is the plaintiff in this ejectment, which was commenced in 1907. A year and a half after the death of Cierlinski the woman who had been his wife filed a petition in the orphans’ court in which she alleged that she was his widow, but set out the fact of her second marriage and that his estate consisted of a lot in Erie city and a few articles of household furniture, the whole being of value less than $300, and asked…
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