Clark v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of debt, originally brought before a justice of the peace, by the Commonwealth of Pennsylvania, at the instance of George Abbott and H. Holcomb, against Green Clark, to recover the penalty prescribed by the 68th section of the Act of 13th June 1836, [Brightly's Purd. 726, pl. 93), for obstructing a public road or highway, in Sugar Grove township, Warren county.
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Error to the Common Pleas of Warren county. This was an action of debt, originally brought before a justice of the peace, by the Commonwealth of Pennsylvania, at the instance of George Abbott and H. Holcomb, against Green Clark, to recover the penalty prescribed by the 68th section of the Act of 13th June 1836, [Brightly's Purd. 726, pl. 93), for obstructing a public road or highway, in Sugar Grove township, Warren county. The road in question was laid out and opened in 1830, under proceedings in the Court of Quarter Sessions of Warren county. But in 1852, the path-master caused a survey to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The only question upon the record is, the admissibility of the evidence mentioned in the defendant’s bill of exceptions. If we were to judge of that evidence by what is said of it in the counter statement, we might perhaps think it was_ properly rejected, but as the very purpose of a bill of exceptions is, to certify us of the evidence in respect of which the judgment of the court is pronounced, we consider ourselves bound to take it as it stands in the bill, and not as it is described outside of the bill.
Sued for obstructing a public road,…
2Cited by2 opinions
- Commonwealth v. JohnsonSupreme Court of Pennsylvania · 1890
- Commonwealth v. SlagelSuperior Court of Pennsylvania · 1907