Pownall v. Steele
Supreme Court of Pennsylvania
This was an action of replevin, by George Steele and Simeon B. Pownall against James Pownall and Simeon Pownall, commenced July 7th 1864. The plaintiffs declared for wheat in shock taken and 44 detained” by the defendants. Levi Pownall devised the land on which the wheat grew to his daughter Catharine for life.
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This was an action of replevin, by George Steele and Simeon B. Pownall against James Pownall and Simeon Pownall, commenced July 7th 1864. The plaintiffs declared for wheat in shock taken and 44 detained” by the defendants. Levi Pownall devised the land on which the wheat grew to his daughter Catharine for life. There was evidence that she leased it to George D. Steele for the year 1863 ; and there was also evidence that Steele had agreed with Simeon B. Pownall to farm the place with him to the shares. After the plaintiffs closed, the defendants asked the court to order a nonsuit, which was…
1Opinion of the Court
The opinion of the court was delivered, June 1st 1866, by
Agnew, J.
The court below was justified in submitting the evidence of the plaintiffs to the jury, and had it even been insufficient, no writ of error lies to the refusal to grant a nonsuit. If a nonsuit be entered by the court and is not taken off, the plaintiffs may have a writ of error to correct the error, if any.
No bill of exception was taken by the defendants to the admission of the declaration of Catharine Pownall as to her leasing to George Steele. The plaintiffs only excepted to so much as was excluded.
There is nothing in the…
2Cited by2 opinions
- Davis ex rel. White v. Fireman's Fund InsuranceSuperior Court of Pennsylvania · 1897
- Beard v. Reading City Passenger Railway Co.Superior Court of Pennsylvania · 1896