De Chastellux v. Fairchild
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an action of trespass, brought to May term 1840, No. 244, for cutting and carrying away timber-trees. The cause was tried before Judge Woodward, at a special court, on the 15th June, 1844: a verdict was rendered for the plaintiff, and damages assessed at $600. A motion was made for a new trial, which was overruled by the judge, and judgment was entered upon the verdict.
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Error to the Common Pleas of Bradford county. This was an action of trespass, brought to May term 1840, No. 244, for cutting and carrying away timber-trees. The cause was tried before Judge Woodward, at a special court, on the 15th June, 1844: a verdict was rendered for the plaintiff, and damages assessed at $600. A motion was made for a new trial, which was overruled by the judge, and judgment was entered upon the verdict. The defendant took a writ of error to July term 1844, in which a non pros, was entered. A fi. fa. was issued to September term 1844, which was levied upon personal…
1Opinion of the Court
The opinion of the court was delivered, by
Gibson, C. J.
If any thing is self-evident in the structure of our government, it is, that the' legislature has no power to order a new trial, or to direct the court to order it, either before or after judgment. The power to order new trials is judicial; but the power of the legislature is not judicial. It is limited to the making of laws; not to the exposition or execution of them; The functions of the several parts of the government are thoroughly separated, and distinctly assigned to the in’incipal branches of it, the legislature, the executive, and…
2Cited by39 opinions
- COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
- Commonwealth ex rel. Carroll v. TateSupreme Court of Pennsylvania · 1971
- Leahey v. FarrellSupreme Court of Pennsylvania · 1949
- Commonwealth v. SutleySupreme Court of Pennsylvania · 1977
- Payne v. Commonwealth Department of CorrectionsSupreme Court of Pennsylvania · 2005
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