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1 Monag. 563

Ball v. Davidson

Supreme Court of Pennsylvania

Decided March 25, 1889

Supreme Court of Pennsylvania · decided 1889-03-25

Error, No. 80, July T. 1888, to C. P. Bradford Go., to review a judgment on a verdict for defendant in an action of assumpsit by John B. Ball, executor of Nathaniel Davidson, against Sally Davidson, administratrix of Douglass Davidson, at Sept. T. 1881, No. 210. McCollum and Mitchell, JJ., absent. This action was brought June 8,1881.

Cited by 1 later decisions — most recently May 1952

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-03-25

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Per Curiam,

¶1The court below committed no error in directing the jury to find for the defendant. The statute of limitations had been pleaded, and was. a bar to the plaintiff’s recovery. More than six years had elapsed between the time when the cause of action accrued and the bringing of the suit. There was nothing to toll the statute. There was an attempt to set up a trust, but it failed. The testimony was vague, both as to the existence of a trust and the nature of it. No chancellor would decree a trust upon such evidence. This view renders a discussion of the other points unnecessary.

¶2Judgment affirmed.

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