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2 Pennyp. 79

Sayer v. Schroeder

Supreme Court of Pennsylvania

Decided March 13, 1882

Supreme Court of Pennsylvania · decided 1882-03-13

1. Where the Court below was not requested to charge in any particular way there can be no reversal for a mere omission to charge. 2. Held: that this charge was not such an error as did the plaintiff any harm. 3. In order to continue the lien of a judgment by an amicable revival the terre tenant is a necessary party. Error to the Court of Common Pleas of Berks County.

Decided 1882-03-13

— Per Curiam :

¶1The Court below were not requested by the plaintiff: to charge the jury in any particular way, and the second and third assignments must fall on that account. There can be no reversal for a mere omission to charge. As to the first assignment, it did the plaintiff'in error no harm. The revival of the judgment, April 2d, 1873, was by amicable action. To such an agreement, by the Act of 26th March, 1827, P. L., 129, the terre tenant is a necessary party to continue the lien: Armstrong’s Appeal, 5 W. & S., 352.

¶2Judgment affirmed.

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