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258 Pa. 113

Murray v. Randall

Supreme Court of Pennsylvania

Decided May 7, 1917

Supreme Court of Pennsylvania · decided 1917-05-07

Appeal, No. 202, Jan. T., 1916, by A. Blanche Matiser, from order of C. P. Luzerne Co., Oct. T., 1914, No. 853, discharging rule to show cause why judgment should not be stricken off in case of John C. Murray and Catherine Mulvey v. A. Blanche Randall, now A. Blanche Matiser, and John Morrett. Ejectment for the recovery of land in Luzerne County.

Affirmed · Decided 1917-05-07

Per Curiam,

¶1In this ejectment one of the two defendants, John Morrett, filed a disclaimer before the case was called for trial. Notwithstanding this, a verdict was rendered against both defendants, and judgment thereon was duly *115entered. A. Blanche Matiser, the other defendant, appealed from that judgment to this court, but subsequently suffered a non pros. Shortly afterwards she presented her petition to the court below, asking that the judgment be stricken off, for the reason that the verdict had been improperly rendered against herself and Morrett, in view of the latter’s disclaimer before the trial. This petition was dismissed, for the good reason that Morrett himself was not complaining of the judgment against him, and the entry of it in no manner impaired or invalidated the judgment against the appellant.

¶2Appeal dismissed at her costs.

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