Lehman v. Kellerman
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Bedford county: of May Term 1870, No. 38. William Kellerman on the 8th of July 1868, brought an action of replevin against Samuel Lehman and others, for forty-five dozen sheaves of wheat and ten dozen sheaves of rye. The defendants amongst other pleas, pleaded “property in themselves.” The plaintiff was the owner of a tract of land, warranted and surveyed in the name of Marcus Metzgar.
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Error to tbe Court of Common Pleas of Bedford county: of May Term 1870, No. 38. William Kellerman on the 8th of July 1868, brought an action of replevin against Samuel Lehman and others, for forty-five dozen sheaves of wheat and ten dozen sheaves of rye. The defendants amongst other pleas, pleaded “property in themselves.” The plaintiff was the owner of a tract of land, warranted and surveyed in the name of Marcus Metzgar. The defendants were owners of an adjoining tract warranted and surveyed in the name of Kinsey Daniels. The defendants alleged that a part of the tract held by the plaintiff…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Agnew, J.
It is error to nonsuit a plaintiff who has presented a case sufficient to go to the jury; but is not error to refuse a nonsuit; for when the defendant has given his evidence, he has 'it still in his power to ask the court to instruct the jury upon the insufficiency of the plaintiff’s evidence to maintain the action.
All the other assignments stand upon a single ground, the right of the defendants to try the title to the locus in quo in an action of replevin for the grain cut and carried away by them. The judge said in his charge…
2Cases cited2 opinions
- Powell v. SmithSupreme Court of Pennsylvania · 1833
- Elliott v. PowellSupreme Court of Pennsylvania · 1840
3Cited by10 opinions
- Kimble v. MacKintosh Hemphill Co.Supreme Court of Pennsylvania · 1948
- Sakach v. AntonoplosSupreme Court of Pennsylvania · 1929
- Schubkagel v. DiersteinSupreme Court of Pennsylvania · 1890
- Hartley v. SpencerSuperior Court of Pennsylvania · 1921
- Commonwealth v. PetermanSuperior Court of Pennsylvania · 1938
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