O'Hara v. Pennsylvania Railroad
Supreme Court of Pennsylvania
. Writ of error to the District Court of Allegheny county. This was an action of ejectment by the plaintiff in error, Mary O’Hara, against defendant in error, for a parcel of land in the Ninth ward of the city of Pittsburgh, containing about ten acres. Defendant pleaded not guilty, whereupon issue was joined.
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. Writ of error to the District Court of Allegheny county. This was an action of ejectment by the plaintiff in error, Mary O’Hara, against defendant in error, for a parcel of land in the Ninth ward of the city of Pittsburgh, containing about ten acres. Defendant pleaded not guilty, whereupon issue was joined. The 'cause came to trial, March 26, 1857, when the jury rendered a verdict in favor of the plaintiff, with six cents damages, subject to the opinion of the court on reserved questions. The questions were argued, and the court entered the following judgment : “And now, November 2, 1857,…
1Opinion of the Court
The opinion of the court was delivered, January 3, 1859, by
Strong, J.
— If this case were properly before us, it would not be difficult to show, both that the District Court had authority to make the order which is assigned for error, and that it was properly made. The case is not, however, properly before us. The court below entered judgment upon the verdict in favor of the plaintiff, and at the same time, ordered that all proceedings on the judgment should be stayed, and that no writ of habere facias possessionem should issue thereon, until the final determination of a pending proceeding, to…
2Cases cited3 opinions
- Peet v. McGrawNew York Supreme Court · 1840
- Logan v. JenningsSupreme Court of Pennsylvania · 1834
- Jacob S. Mayberry, in Error v. James H. ThompsonSupreme Court of the United States · 1847
3Cited by1 opinion
- Norfolk Lumber Co. v. SimmonsSuperior Court of Delaware · 1897