Legal Opinion

Henning v. Keiper

Superior Court of Pennsylvania

Decided December 7, 1908No. Appeal, No. 55PublishedCited by 8 opinions

Appeal, No. 55, March T., 1908, by defendant, from judgment of C. P. Monroe Co., Feb. T., 1907, No. 16, on verdict for plaintiff in case of Philip G. Henning v. Amos Keiper. Trespass quare clausum fregit to recover damages for an alleged wrongful cutting of timber. Before Staples, P. J. The question involved related to boundary lines.

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Appeal, No. 55, March T., 1908, by defendant, from judgment of C. P. Monroe Co., Feb. T., 1907, No. 16, on verdict for plaintiff in case of Philip G. Henning v. Amos Keiper. Trespass quare clausum fregit to recover damages for an alleged wrongful cutting of timber. Before Staples, P. J. The question involved related to boundary lines. Defendant presented these points: 3. If the jury believe, from the evidence, that at the time of the alleged cutting by the defendant, there were old stone corners on the ground, and by running lines between them the plaintiff, Henning, would get all the land he…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action of trespass quare clausum fregit in which by his statement the plaintiff claimed, under the statute, to recover treble the value of certain timber trees, alleged to have been cut by the defendant on the plaintiff’s land, and carried away and converted to his own use by the defendant. The verdict, as recorded, was, the jury “find in favor of the plaintiff in the sum of $60.58.” Allusion is made in the appellee’s argument to the written memorandum of their finding brought into court by the jury, but it is well settled by the authorities that such paper,…

2Cases cited12 opinions

  1. Kramer v. KisterSupreme Court of Pennsylvania · 1898
  2. Robbins v. FarwellSupreme Court of Pennsylvania · 1899
  3. Commonwealth v. FlahertySuperior Court of Pennsylvania · 1904
  4. Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
  5. Hughes v. StevensSupreme Court of Pennsylvania · 1860

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Commonwealth v. BishopSupreme Court of Pennsylvania · 1925
  2. Foster v. WaybrightSupreme Court of Pennsylvania · 1951
  3. Commonwealth v. GROSSOSuperior Court of Pennsylvania · 1960
  4. Matthews v. Tyrone Coal Co.Superior Court of Pennsylvania · 1920
  5. Mahony, Trustee v. BoenningSuperior Court of Pennsylvania · 1939

3 more not listed; retrieve them via the Exa API.

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