Commonwealth ex rel. Wilson v. Fourteen Hogs
Supreme Court of Pennsylvania
Certiorari to Justice Carter, one of the justices of the peace for the count}’' of Philadelphia, by which certain proceedings had before him- were removed to this court, where a statement of the facts was made by agreement of the parties. ‘ On the 29th of October, IS23, Jonathan Wilson, of the township of Byberry, went before Justice Carter and made affirmation, “that upon the said 29th October, he found upon his lands situate in Byberry township aforesaid, fourteen hogs and…
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Certiorari to Justice Carter, one of the justices of the peace for the count}’' of Philadelphia, by which certain proceedings had before him- were removed to this court, where a statement of the facts was made by agreement of the parties. ‘ On the 29th of October, IS23, Jonathan Wilson, of the township of Byberry, went before Justice Carter and made affirmation, “that upon the said 29th October, he found upon his lands situate in Byberry township aforesaid, fourteen hogs and shoats, some without rings in their noses, and all without yokes or bows about their neeks, and being then and there…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
It is a matter of some surprise, that under an act passed more than 100 years ago, on a subject of frequent occurrence, which, from its nature, is so apt to create ill blood between, neighbours, we should have no reported decision. It is now for the first time to be decided, whether it be lawful for one man to kill another’s swine found on his land, whether they escaped from his neighbour’s pen, or he suffered them- to run at large, to his great annoyance? The argument on the part of the captor here is, that a hog is an outlaw, caput lupinum,…
2Cited by2 opinions
- Frick v. PattonSupreme Court of Pennsylvania · 1829
- Hagerty's CaseSupreme Court of Pennsylvania · 1835