Legal Opinion

Lomis v. Ruetter

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 1 opinion

ERROR to the common pleas of Dauphin county. This was an action of debt by Daniel N. L. Ruétter against Anthony W. Lomis, in which the plaintiff filed the following statement: “ Daniel N. L. Ruetter, the plaintiff, states that he sues to recover from Anthony W. Lomis, the defendant, the sum of 1500 dollars, for rent due to him from defendant, for the Burr Haven sawmills, on an agreement between them made, dated the 3d of June 1834, being the rent due for the term of eighteen…

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ERROR to the common pleas of Dauphin county. This was an action of debt by Daniel N. L. Ruétter against Anthony W. Lomis, in which the plaintiff filed the following statement: “ Daniel N. L. Ruetter, the plaintiff, states that he sues to recover from Anthony W. Lomis, the defendant, the sum of 1500 dollars, for rent due to him from defendant, for the Burr Haven sawmills, on an agreement between them made, dated the 3d of June 1834, being the rent due for the term of eighteen months from and after the 1st of October 1834; and the said plaintiff further claims the sum of 600 dollars for timber…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, J.

The plaintiff in this suit filed a statement instead of a declaration, and on the trial the defendant objected to the evidence offered of the articles of agreement of lease from the plaintiff to the defendant as irrelevant and incompetent, and not between the present parties. The court below admitted the evidence, and exception was taken by the plaintiff.

This is the point assigned as error in the first and third errors, and raises the question, whether, in an action of debt brought to recover, among other moneys, a sum due for rent on a…

2Cases cited2 opinions

  1. Boyd v. GordonSupreme Court of Pennsylvania · 1820
  2. Geary v. CunninghamSupreme Court of Pennsylvania · 1828

3Cited by1 opinion

  1. Buehler's Heirs v. BuffingtonSupreme Court of Pennsylvania · 1862

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