Legal Opinion

Gratz v. Gratz

Supreme Court of Pennsylvania

Decided February 21, 1834PublishedCited by 21 opinions

This case came before the court on a writ of error to tbe District Court for the City and County of Philadelphia, in which bills of exceptions were taken to the opinion of that court on points of evidence and in the charge delivered to the jury.

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This case came before the court on a writ of error to tbe District Court for the City and County of Philadelphia, in which bills of exceptions were taken to the opinion of that court on points of evidence and in the charge delivered to the jury. The action in the court below was a summons in partition brought to December Term, 1830, by Hyman Gratz, the plaintiff in error, against Simon Gratz, the defendant in error, for a four story brick messuage or tenement and lot of ground, situate at the south-west corner of High street and Seventh street from the river Delaware, in the city of…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

The first and second errors consist of exceptions to the opinion of the court below, in overruling testimony offered by the plaintiff in error, who was also the plaintiff below.

The first is, that the court prevented the plaintiff from showing that in making a partition of the property in question, into two parts, one whereof to contain one equal third part, and the other two equal third parts of the whole, that the parcels of the property numbered 2, 3, 4 and 5, upon the ground plot exhibited, would have been more suitable for making up the…

2Cases cited2 opinions

  1. Byers v. Van DeusenNew York Supreme Court · 1830
  2. Appeal by WithersSupreme Court of Pennsylvania · 1826

3Cited by21 opinions

  1. Wood v. . FleetNew York Court of Appeals · 1867
  2. Edwards v. TracySupreme Court of Pennsylvania · 1870
  3. Pennsylvania Range Boiler Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1941
  4. Crenshaw v. DavenportSupreme Court of Alabama · 1844
  5. Morton v. WadeCourt of Appeals of Kentucky · 1917

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