Weidman v. Kohr
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Lebanon county, to which this writ of error issued, judgment was rendered in favour of the defendant in error .and plaintiff below, Christian Rohr, against the plaintiffs in error and defendants below, John Weidman, John Philips, Daniel M‘Bride, James Philips,. and Thomas M‘Rinney, in pursuance of a verdict. The writ was a capias to answer for entering the plaintiffs’ close, and cutting down trees.
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IN ERROR. In the Court of Common Pleas of Lebanon county, to which this writ of error issued, judgment was rendered in favour of the defendant in error .and plaintiff below, Christian Rohr, against the plaintiffs in error and defendants below, John Weidman, John Philips, Daniel M‘Bride, James Philips,. and Thomas M‘Rinney, in pursuance of a verdict. The writ was a capias to answer for entering the plaintiffs’ close, and cutting down trees. The declaration, after reciting the writ, set forth the complaint to be for cutting down the trees mentioned in the writ, omitting the entry into the…
1Opinion of the Court
The opinion of the court was delivered by
Düncan, J.
The writ was a trespass guare clausum fregit, and cutting down and carrying away certain trees, there growing, of the plaintiff. The writ is recited in the declaration, but the plaintiff below, the defendant in error, omits the entry into the close in his declaration, and the gravamen is laid in cutting down and carrying away certain trees of the plaintiff, growing in a certain plantation.
The variance between the writ and count cannot be taken advantage of in this stage-of the cause, and we are only to consider whether the count states a good…
2Cases cited2 opinions
- Cluggage v. Lessee of DuncanSupreme Court of Pennsylvania · 1814
- Lessee of Biddle v. DougalSupreme Court of Pennsylvania · 1812
3Cited by3 opinions
- Penn v. PrestonSupreme Court of Pennsylvania · 1829
- Taylor v. DoughertySupreme Court of Pennsylvania · 1841
- Davis v. MasonMassachusetts Supreme Judicial Court · 1826