Bush v. Gamble
Supreme Court of Pennsylvania
ERROR TO THE COURT OK COMMON PLEAS OK WARREN COUNTY. No. 5 January Term 1889, Sup. Ct.; court below, No. 61 February Term 1887, C. P. On February 4, 1887, Wm.
Read the full summary
ERROR TO THE COURT OK COMMON PLEAS OK WARREN COUNTY. No. 5 January Term 1889, Sup. Ct.; court below, No. 61 February Term 1887, C. P. On February 4, 1887, Wm. J. Gamble and others, heirs at law of W. B. Bingham, deceased, and George W. Porter and others, heirs at law of William Porter, deceased, brought trespass q. c. f. against George Bush, Frank Skiff and John McKinney, to recover double and treble damages for the cutting and conversion of timber trees, under § 3, act of March 27, 1824, 8 Sin. L. 283. The defendants pleaded not guilty. At the trial on May 17, 1888, the plaintiffs put in…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
This is an action of trespass quare clausum fro git, for cutting, and for cutting, carrying away, and converting timber trees; the claim is for double and treble damages under the third section of the act of March 27,1824,8 Sm. L. 283. At the trial, the plaintiffs offered in evidence the record of an action of ejectment, in which they had recovered, as against the defendants, the undivided three fourths of the premises in question, with the writ of habere facias issued thereon, and the return; and thus established their actual possession at the time this suit was…
2Cases cited5 opinions
- Huston v. WickershamSupreme Court of Pennsylvania · 1841
- Bennet v. BullockSupreme Court of Pennsylvania · 1860
- Filbert v. HoffSupreme Court of Pennsylvania · 1862
- Lane v. HarroldSupreme Court of Pennsylvania · 1873
- Wheeler v. CarpenterSupreme Court of Pennsylvania · 1884
3Cited by2 opinions
- Moyer v. DiehlSuperior Court of Pennsylvania · 1937
- McMahon v. Taylor, Pennsylvania Court of Common Pleas, Susquehanna County1936