Warfel v. Knott
Pennsylvania Court of Common Pleas, Lackawanna County
No. 164 January Term 1889, Sup. Ct.; court below, No. 52 June Term 1875, C. P. On May 20, 1875, A. K. Warfel brought trespass quare clausum fregit against Henry C. Knott, to recover damages for tbe alleged wrongful act of Knott in breaking into plaintiff’s close and tearing down his fence. Plea, not guilty.
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No. 164 January Term 1889, Sup. Ct.; court below, No. 52 June Term 1875, C. P. On May 20, 1875, A. K. Warfel brought trespass quare clausum fregit against Henry C. Knott, to recover damages for tbe alleged wrongful act of Knott in breaking into plaintiff’s close and tearing down his fence. Plea, not guilty. At the trial, on October 15, 1888, the facts shown were in substance as follows: In 1871, Henry C. Knott owned a lot of ground on the east side of North Queen street, in Lancaster, and erected thereon two two-story dwellings together, having a common dividing wall. There was a private…
1Opinion of the Court
Opinion,
Me. Justice Williams :
The controversy in this case is over a very narrow strip of land, and the debatable ground covered by the legal questions is but little wider. The first, second, and third assignments of *532error are not in accordance with the rules of this court. Neither the offer, the objection, nor the ruling of the court below, appears in either of these assignments. Each assignment should embody the bill of exceptions on which it rests, so that the question raised may come to us as it was presented in the court below. But notwithstanding the disregard of our rules, we have…
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