Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 34 ) (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1860 Excerpt: ... Minium versus Hoig. In a feigned issue, the defendant may insist on the ordinary rules of forcing the plaintiff to trial, and may nonsuit him for not trying. Or, on satisfying the court where the principal cause is, that the plaintiff is vexatiously delaying the trial, that court may direct the matter in issue to be taken pro confesso against the plaintiff. Where the plaintiff in an issue directed by the Orphans' Court is nonsuited, for not proceeding to trial, the Common Pleas has no power to take off the nonsuit, after the expiration of the term. All further remedy, by new trial, or otherwise, must come from the Orphans' Court. Error to the Common Pleas of Crawford county. This was a feigned issue from the Orphans' Court, wherein Alexander Hoig was plaintiff, and Simon S. Minium, defendant, to try the right of the parties to the interest or purpart of Henry Minium in the real estate of his father, John Minium, deceased. The issue was entered in the Common Pleas on the 30th August 1847; and on the 23d August 1848, having been reached for trial, and the plaintiff not appearing, a nonsuit was entered against him. 'On the 22d May 1858, on motion of the plaintiff's attorney, the Common Pleas, after argument, took off the nonsuit, and restored the case to the trial list, on payment of costs by the plaintiff. And on the 24th February 1859, the issue was tried, and resulted in a verdict for the plaintiff. The defendant, thereupon, sued out this writ, and here assigned for error: 1. The taking off of the nonsuit, and reinstating and trying the cause. 2. The rejection of certain evidence offered by the defendant on the trial. 3. The refusal of the court below to charge as requested in certain points presented by the defendant. Church, D. M. Farrelly, and Richmond, ...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1860 Excerpt: ... Minium versus Hoig. In a feigned issue, the defendant may insist on the ordinary rules of forcing the plaintiff to trial, and may nonsuit him for not trying. Or, on satisfying the court where the principal cause is, that the plaintiff is vexatiously delaying the trial, that court may direct the matter in issue to be taken pro confesso against the plaintiff. Where the plaintiff in an issue directed by the Orphans' Court is nonsuited, for not proceeding to trial, the Common Pleas has no power to take off the nonsuit, after the expiration of the term. All further remedy, by new trial, or otherwise, must come from the Orphans' Court. Error to the Common Pleas of Crawford county. This was a feigned issue from the Orphans' Court, wherein Alexander Hoig was plaintiff, and Simon S. Minium, defendant, to try the right of the parties to the interest or purpart of Henry Minium in the real estate of his father, John Minium, deceased. The issue was entered in the Common Pleas on the 30th August 1847; and on the 23d August 1848, having been reached for trial, and the plaintiff not appearing, a nonsuit was entered against him. 'On the 22d May 1858, on motion of the plaintiff's attorney, the Common Pleas, after argument, took off the nonsuit, and restored the case to the trial list, on payment of costs by the plaintiff. And on the 24th February 1859, the issue was tried, and resulted in a verdict for the plaintiff. The defendant, thereupon, sued out this writ, and here assigned for error: 1. The taking off of the nonsuit, and reinstating and trying the cause. 2. The rejection of certain evidence offered by the defendant on the trial. 3. The refusal of the court below to charge as requested in certain points presented by the defendant. Church, D. M. Farrelly, and Richmond, ...

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Product Details

General

Imprint

General Books LLC

Country of origin

United States

Release date

February 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

February 2012

Authors

Dimensions

246 x 189 x 14mm (L x W x T)

Format

Paperback - Trade

Pages

260

ISBN-13

978-1-235-75496-8

Barcode

9781235754968

Categories

LSN

1-235-75496-0



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