Felts v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 53, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., June T., 1889, No. 437, refusing to direct manner of removing case to another county, and entering judgment on verdict. Ejectment for coal in Lackawanna township. Before Savage, P. J., specially presiding.
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Appeal, No. 53, Jan. T., 1895, by plaintiff, from order of C. P. Lackawanna Co., June T., 1889, No. 437, refusing to direct manner of removing case to another county, and entering judgment on verdict. Ejectment for coal in Lackawanna township. Before Savage, P. J., specially presiding. On September 15,1894, plaintiff filed of record the following paper: “ 1. I hereby elect to remove the above mentioned cause to the court of common pleas of Pike county, under the provisions of the act of 14th April, 1834, P. L. 395, that being the nearest adjacent county through which the railroad of The…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The questions raised by this appeal are whether the learned *436court below erred in refusing to direct the removal of the case under the act of April 14,1834, P. L. 395, to the court of common pleas of Pike county, and in calling a jury and taking a verdict against the plaintiff in his absence and after he had filed his written declination to appear and proceed to trial in Lackawanna county. In answering the first question we are required to consider and determine whether the act of 1834 was supplied or repealed by the act of March 30,1875, “ relating to and…
2Cases cited2 opinions
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1894
- Wattson v. Chester & Delaware River RailroadSupreme Court of Pennsylvania · 1877
3Cited by5 opinions
- Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1900
- Axelrod v. HowellSupreme Court of Pennsylvania · 1937
- Crumley v. LutzSupreme Court of Pennsylvania · 1897
- Yachere v. YacherePennsylvania Court of Common Pleas · 1971
- Hix v. Womelsdorf Bank & Trust Co., Pennsylvania Court of Common Pleas, Berks County1943