O'Donnell v. Lynch
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by Charles O’Donnell against John Lynch and John Gingrich'for a tract of land.
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ERROR to the Common Pleas of Dauphin county. This was an action of ejectment by Charles O’Donnell against John Lynch and John Gingrich'for a tract of land. After the plaintiff had given evidence of title, the,defendants offered in evidence the record of an action of assumpsit by John O’Donnell, for the use of Charles O’Donnell, against Charles Carson and John M’Knight, which was referred to arbitrators, who made an award on the 17th of January 1829, of $701.17, in favour of the defendants: To be followed by proof that the land in controversy was sold as the property of Charles O’Donnell, and…
1Per curiam
If the plaintiff was not entitled to recover against such parts of the written evidence as were competently introduced, his exceptions to other parts of it can not avail him; for such parts of it could do him no further prejudice than the competent parts would do. The defendant offered the record of an action by the plaintiff, in which there was an award of $700 against him under the arbitration act, to be followed by proof that *285the land was levied and sold by execution on it. This was opposed on the ground, that as the arbitrators stood in the place of a court and jury, their award of a…
2Cited by1 opinion
- Lacy v. ArnettSupreme Court of Pennsylvania · 1859