Strauser v. Kosier
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Perry county. This was an action of replevin in which John Kosier was plaintiff and Solomon Strauser defendant.
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Error to the Court of Common Pleas of Perry county. This was an action of replevin in which John Kosier was plaintiff and Solomon Strauser defendant. A hog, the property of the plaintiff, was found trespassing upon the premises of the defendant and by him taken and penned up; after which proceedings under the Act of 1705 were had before a justice of the peace, as follows:— “ Solomon Strauser v. One Hog. 1 Be it remembered that on this 15th > day of October, A. D. 1866, personally J came before me Solomon Strauser, yeoman, of Juniata township, and made information that on the 11th or 12th…
1Opinion of the Court
The opinion of the court was delivered, May 27th 1868, by
Strong, J.
This was an action of replevin for a hog, in which the pleas were non cepit and property. It was not disputed that the animal had belonged to the plaintiff, but the defendant claimed he had acquired the ownership in virtue of certain proceedings under the Act of 1705, entitled “An Act to prevent the running *498of swine at large,” and its supplement of 1729. To maintain this defence he gave in evidence the record of a proceeding before F. B. Clouser, Esq., a justice of the peace, dated the 15th of October 1866, wherein it appeared…