Adle v. Sherwood
Supreme Court of Pennsylvania
On a writ of error to the Common Pleas of Montgomery county, it appeared that Samuel Sherwood brought an action of trespass quare clausum, fregit, &c. against Jacob Adle to the term of May, 1836. The defendant pleaded not guilty, and a justification, viz. an order of the Court of Quarter Sessions for the widening of a certain street in the borough of Norristown, called Penn street, the defendant being a street commissioner.
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On a writ of error to the Common Pleas of Montgomery county, it appeared that Samuel Sherwood brought an action of trespass quare clausum, fregit, &c. against Jacob Adle to the term of May, 1836. The defendant pleaded not guilty, and a justification, viz. an order of the Court of Quarter Sessions for the widening of a certain street in the borough of Norristown, called Penn street, the defendant being a street commissioner. On the trial before Fox, President, on the 22d of May, 1837, the plaintiff proved the trespass, which consisted in removing a fence on the plaintiff’s land bounding on the…
1Opinion of the Court
^Rogers, J.
delivered the opinion of the Court.
A retrospective law, which does not impair the obligation of a contract, nor is in its nature ex post facto, is constitutional. This has been decided in repeated cases. On this point it is sufficient to refer to the authorities in our own books. Underwood v. Lilly, (10 Serg. & Rawle, 101,) Tate and Wife v. Stoolfoos and Others, (16 Serg. & Rawle, 37,) Mercer v. Watson, *484(1 Watts, 330,) and Satterlee v. Mathewson, (16 Serg. & Rawle, 169.)* The legislature are in the constant practice of passing confirmatory acts; and laws remedying the inconvenience…
2Cases cited4 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Underwood v. LillySupreme Court of Pennsylvania · 1823
- Satterlee v. MatthewsonSupreme Court of Pennsylvania · 1827
- Tate v. StooltzfoosSupreme Court of Pennsylvania · 1827
3Cited by4 opinions
- Canovaro v. Brothers of the Order of Hermits of St. AugustineSupreme Court of Pennsylvania · 1936
- Grim v. Weissenberg School DistrictSupreme Court of Pennsylvania · 1868
- Farr v. SwanSupreme Court of Pennsylvania · 1845
- Grant v. Henry Clay Coal Co.Supreme Court of Pennsylvania · 1875