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Stewart v. Speer

Stewart against Speer

Stewart v. Speer, 5 Watts 79 (1836)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
May 15, 1836
Citations
5 Watts 79
Headnotes
A verdict in ejectment “for the plaintiff, for one hundred and fifty acres, part of the land claimed in the writ, and not guilty as to the residue,” without designating the part found, is bad for uncertainty, and a judgment on it is erroneous.
Summary
ERROR to the common pleas of York county. This was an action of ejectment by James H. Speer against James H. Stewart, for two hundred acres of land. The jury found “ for the plaintiff one hundred and fifty acres, part of the land claimed in the writ, and not guilty as to the residue,” upon which judgment was rendered. This was the only error relied upon. cited, 10 Serg. & Rawle 153.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

It is impossible to sustain this verdict. It is for one hundred and fifty acres, part of the land in dispute, without re *80 ferenee or allusion to any thing to designate the land recovered, or even to intimate the quarter or side from which it was intended to be taken. It is, therefore, incurably uncertain.

Judgment reversed and a venire de novo awarded.

How later courts describe this case

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

1842–1843: 118422026peak 1842 · 1

Relies on it most ⓘ

  1. Borough of Harrisburg v. Crangle3 Watts & Serg. 460 (1842)

Most recent

  1. Borough of Harrisburg v. Crangle3 Watts & Serg. 460 (1842)

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