Vanderslice v. Donner

Citations

• 26 Pa. Super. 319
• 1904 Pa. Super. LEXIS 314

Syllabus

<p>Trespass — Trespass vi et armis — Possession.</p> <p>To sustain an action of trespass vi et armis possession in the plaintiff is indispensable, and this is all that is necessary. As against one in actual possession, the right of a claimant of title out of possession must be asserted by an action of ejectment. The possession set up, however, must be more than a mere intrusion on either the actual or the constructive possession of another.</p> <p>Landlord, and tenant — Possession by tenant.</p> <p>As possession by a tenant is in law possession by the landlord, it is always competent to show such possession when the question of possession by the. landlord is involved.</p> <p>Appeals — Assignments of error — Practice.</p> <p>Each specification of error must be self sustaining and embody everything necessary to its determination in the appellate court; a mere reference to a page elsewhere, on which some of the essential matters relating to the specification appear, is not sufficient.</p> <p>Practice, C. P. — Trial—Evidence—Appeals.</p> <p>Where pertinent testimony is properly admitted, no subsequent complaint touching its informal admission will prevail.</p> <p>A party cannot complain of an error which does him no harm.</p>