Allwein v. Brown
Superior Court of Pennsylvania
Appeal, No. 103, Oct. T., 1904, by defendant, from judgment of O. P. Lebanon Co., Sept. T., 1901, No. 133, on verdict for plaintiff in case of Aug. D. All-wein v. Jacob J. Brown. Trespass for fraud and deceit and for tbe use and occupation of land. Before Ehrgood, P. J. At the trial the jury returned a verdict of $83.43 on the question of law reserved.
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Appeal, No. 103, Oct. T., 1904, by defendant, from judgment of O. P. Lebanon Co., Sept. T., 1901, No. 133, on verdict for plaintiff in case of Aug. D. All-wein v. Jacob J. Brown. Trespass for fraud and deceit and for tbe use and occupation of land. Before Ehrgood, P. J. At the trial the jury returned a verdict of $83.43 on the question of law reserved. On motion for judgment Ehrgood, P. J., filed the following opinion: The court at the trial reserved the question “ whether, under all the evidence in this case, the plaintiff, under the averments in the statement, is entitled to recover for use…
1Opinion of the Court
Opinion by
Smith, J.,
The question submitted for decision in the present case relates to the sufficiency of the plaintiff’s statement to recover for the use and occupation of his land. This appears by the course of the trial and by the question reserved: “ Whether under all the evidence in this case the plaintiff, under the averments in the statement, is entitled to recover for use and occupation.” While this reservation is not explicit or definite, and if viewed as referring to the sufficiency of the whole evidence, is bad (Wilson v. Steamboat Tuscarora, 25 Pa. 317; Wilde v. Trainor, 59 Pa.…
2Cases cited5 opinions
- Wilde v. TrainorSupreme Court of Pennsylvania · 1868
- City of Allegheny v. NelsonSupreme Court of Pennsylvania · 1855
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- Chapin v. Cambria Iron Co., Pennsylvania Court of Common Pleas, Cambria County1891
- Wilson v. Steamboat TuscaroraSupreme Court of Pennsylvania · 1855
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- Rice v. Erie RailroadSupreme Court of Pennsylvania · 1921
- Eisen v. EisenPennylvania Municipal Court, Philadelphia County · 1949
- Shuck v. Menser, Pennsylvania Court of Common Pleas, Somerset County1934