Boyer v. Smith
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by George Boyer and Samuel Boyer, executors of George Boyer, deceased, against Jacob Smith.
Read the full summary
ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by George Boyer and Samuel Boyer, executors of George Boyer, deceased, against Jacob Smith. The cause having been ordered on for trial, George W. Boyer, Mary Ann Fought, and others, heirs at law of Michael Boyer, deceased, alleged that the said Michael Boyer had died seised and possessed of the land in dispute, and prayed the court to permit them to be made co-defendants; which the court refused, and sealed a bill of exceptions at the instance of the defendants. Plaintiffs offered articles of agreement, dated the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This cause was before us on a prior writ of error at the last term, when all the questions necessary to the determination of it, were not only elaborately discussed by the counsel concerned on both sides, but very fully considered and decided by this court. See 3 Watts 449.
The first question raised here, and which was not brought up, in the same form that it is now, on the former writ of error, is, whether the court was not bound, as a matter of right, to have admitted George W. Boyer, Mary Ann Fought, with her husband James Fought, and…
2Cases cited2 opinions
- M'Clay v. BenedictSupreme Court of Pennsylvania · 1829
- Boyer v. SmithSupreme Court of Pennsylvania · 1835
3Cited by9 opinions
- Crawford v. StewartSupreme Court of Pennsylvania · 1861
- Jackson ex dem. Church v. HillsNew York Supreme Court · 1828
- Ferris v. IronsSupreme Court of Pennsylvania · 1877
- Roberts v. WilliamsSupreme Court of Pennsylvania · 1840
- Baskin v. SeechristSupreme Court of Pennsylvania · 1847
4 more not listed; retrieve them via the Exa API.