Legal Opinion

Knapp v. Miller

Pennsylvania Court of Common Pleas, Schuylkill County

Decided March 17, 1890No. 82Published

No. 82 July Term 1889, Sup. Ct.; court below, No. 228 January Term 1886, C. P. On December 21, 1885, the defendant filed an appeal from the judgment of a justice of the peace in an action brought by Alanson Knapp against Joseph R. Miller, and on March 19, 1886, the plaintiff filed a declaration in trover and conversion of certain pigs. The defendant pleaded not guilty.

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No. 82 July Term 1889, Sup. Ct.; court below, No. 228 January Term 1886, C. P. On December 21, 1885, the defendant filed an appeal from the judgment of a justice of the peace in an action brought by Alanson Knapp against Joseph R. Miller, and on March 19, 1886, the plaintiff filed a declaration in trover and conversion of certain pigs. The defendant pleaded not guilty. At the trial on March 21, 1886, the following facts were shown : The defendant, Miller, on November 16, 1885, finding in his field a drove of small pigs running' at large, without rings in their noses and yokes or bows about…

1Opinion of the Court

*281Opinion,

Mr. Justice Green:

There is but one assignment of error in this case, and the only question raised by it is the admissibility of an offer of testimony made by the defendant and rejected by the court. The offer made was to give in evidence an information and record of a proceeding before a justice under the Swine Act of 1705, to be followed with further evidence as to the putting up of notices in the manner required by law. The chief objection to the offer was that the docket of the justice did not show that the hogs were suffered to run at large, and apparently the offer was rejected…

2Cases cited4 opinions

  1. McDermott v. McIlwainSupreme Court of Pennsylvania · 1874
  2. Sylvester v. GirardSupreme Court of Pennsylvania · 1833
  3. Maxwell v. PerkinsSupreme Court of Pennsylvania · 1880
  4. Strauser v. KosierSupreme Court of Pennsylvania · 1868

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