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Rotunno Et Ux. v. Joseph Et Ux.

Rotunno Et Ux. v. Joseph Et Ux., Appellants

Rotunno Et Ux. v. Joseph Et Ux., 53 A.2d 825 (Pa. Super. Ct. 1947)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
April 25, 1947
Docket
Nos. , 153
Judges
Rhodes, Hirt, Reno, Dithrich, Ross, Arnold
Citations
53 A.2d 825161 Pa. Super. 57

Opinion of the Court — Per Curiam

Per Curiam, Although no question as to defendants’ possession of the property which is the subject matter of this action of ejectment ivas raised at the trial, it is the only question raised on this appeal.

The identical question was before the Supreme Court in Sautter et ux. v. Rowland, 285 Pa. 212 , 131 A. 733 . The court speaking through Mr. Justice Walling said (pp. 215-216) : “. . . no question as to possession was raised at the tidal, so, on the authorities just cited, we cannot consider it here. No doubt the plaintiff in an action of ejectment must prove defendant’s possession, which is usually done by offering in evidence the sheriff’s sworn return of service of the writ. Where that is not sufficient there must be some other proof of *58 defendant’s possession: Kreamer v. Voneida, 213 Pa. 74, 78 , and see Melntire v. Wing, 113 Pa. 67 , also Helfenstein v. Leonard, 50 Pa. 461, 476 ; but here, as no such question was raised at the trial, we cannot consider it, . . .” (Emphasis added.)

The appeal is dismissed at the cost of appellants. ■

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1948: 219482026peak 1948 · 2

Relies on it most ⓘ

  1. Fleming v. Strayer63 A.2d 122 (Pa. Super. Ct. 1948)
  2. Joseph v. Rotunno62 Pa. D. & C. 251 (1948)

Most recent

  1. Fleming v. Strayer63 A.2d 122 (Pa. Super. Ct. 1948)
  2. Joseph v. Rotunno62 Pa. D. & C. 251 (1948)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Sautter v. Rowland, 131 A. 733 (Pa. 1925) 17
Kreamer v. Yoneida, 62 A. 518 (Pa. 1905) 18
McIntire v. Wing, 4 A. 197 (Pa. 1886) 8
Helfenstein v. Leonard, 50 Pa. 461 (1865) 4

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