Beyer v. Keylor
Superior Court of Pennsylvania
Appeal, No. 211, Oct. T., 1910, by plaintiff, from judgment of C. P. Lancaster Co., Sept. Term, 1909, No. 24, for defendants non obstante veredicto in case of David H. Beyer v. Henry S. Keylor, surviving husband, and Nannie Keylor and Frank S. Keylor, children and heirs and terre-tenants of Martha E. Keylor, deceased. Scire facias sur judgment.
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Appeal, No. 211, Oct. T., 1910, by plaintiff, from judgment of C. P. Lancaster Co., Sept. Term, 1909, No. 24, for defendants non obstante veredicto in case of David H. Beyer v. Henry S. Keylor, surviving husband, and Nannie Keylor and Frank S. Keylor, children and heirs and terre-tenants of Martha E. Keylor, deceased. Scire facias sur judgment. Before Landis, P. J. From the record it appeared that on June 12, 1905, Martha E. Keylor commenced an action of trespass against David H. Beyer, to August Term, 1905, No. 2, and on December 15, 1906, while it was still pending, she died intestate,…
1Opinion of the Court
Opinion by
Rice, P. J.,
Martha E. Keylor brought an action of trespass against David H. Beyer, the appellant, to recover damages for the deprivation of the use of a certain spring which she claimed was upon or appurtenant to land owned by her. She died on December 15, 1906. Her husband was appointed administrator of her estate and, as such, was substituted as plaintiff in the action. The subsequent trial resulted in verdict for defendant on December 7j 1907, and judgment thereon on January 22,1908. Subsequently the costs were taxed by the prothonotary, and, upon appeals therefrom to the common…
2Cases cited4 opinions
- Demmy's AppealSupreme Court of Pennsylvania · 1862
- Reynold's EstateSupreme Court of Pennsylvania · 1900
- Cobaugh's AppealSupreme Court of Pennsylvania · 1854
- Emerick's EstateSupreme Court of Pennsylvania · 1896