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· 5/26/1890

Horner v. Marietta

Citations

  • 135 Pa. 418
  • 19 A. 1029
  • 1890 Pa. LEXIS 1196

Syllabus

<p>1. A plaintiff in ejectment, who had no greater interest in the pr-emises in controversy than a tenancy from year to year which had terminated before the issuing of his writ, has no standing to maintain his action.</p> <p>2. In such case, as the plaintiff’s right to recover damages depends on his i-ight of possession at the time suit was brought, it was not error to refuse to allow him to file an additional count laying special damages.</p>

Judges: Clark, McCollum, Mitchell, Sterrett, Williams

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