Allwein v. Brown

Citations

• 29 Pa. Super. 331
• 1905 Pa. Super. LEXIS 328

Syllabus

<p>Practice, C. P. — Reservation of question of law — Trespass—Use and occupation — Statement.</p> <p>In an action of trespass for deceit and for the use and occupation of land the court reserved the following question: “Whether under all the evidence in this case the plaintiff, under the averments in the statement, is entitled to recover for use and occupation.” No exception or objection was made to the form of the reservation. Held, that although the reservation was bad in form, it would be considered by the court, inasmuch as the sole purpose ascribed to it, was that it dealt only with the question of the sufficiency of the statement to warrant a recovery for use and occupation.</p> <p>Practice, C. P. — Pleading—Statement—Causes of action — Misjoinder— Demurrer — Use and occupation.</p> <p>The misjoinder of two incongruous causes of action, one sounding in tort and the another in contract, is waived by a voluntary trial on the merits and judgment. Objection to such defects should be presented on demurrer to the statement.</p> <p>Under the Act of May 25, 1887, P. L. 271, the remedy for the wrongful occupancy or use of land is an action of trespass.</p>