Black v. Tricker

52 Pa. 436, 1866 Pa. LEXIS 138

• Court: Supreme Court of Pennsylvania
• Decided: June 1, 1866
• Status: Published

Opinion

The opinion of the court was delivered, June 1st 1866, by

Agnew, J.

The charge of the learned judge in the court below covers the case, and we perceive no error in it. Let it be supposed, as said by Justice Rogers in Zeigler v. Fisher, 3 Barr 367, that there may be still a plea in abatement or something tantamount in case of extraordinary emergency, and by Kennedy, J., in Campbell v. Galbreath, 5 Watts 428, yet it does not follow that there must be. By the 4th section of the Act of 13th April 1807, it is enacted that “ the plea in ejectment shall be '•Not Guilty.” It has always been held that any available defence may be taken under this plea; while, indeed, some have' thought no other plea can be pleaded in the face of the statute. Whatever may be the common-law rule in other actions, in ejectment “not guilty” is the general-issue plea; and we are of opinion coverture may be given in evidence under it.

Judgment affirmed.