Taggart v. Commonwealth
Supreme Court of Pennsylvania
At November Sessions, 1850, James Taggart, the plaintiff in error, was indicted for a nuisance in erecting a store-house on part of a public alley in the borough of Northumberland; and on November 8, he was found guilty. On the same day a motion for a new trial was made, which was overruled.
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At November Sessions, 1850, James Taggart, the plaintiff in error, was indicted for a nuisance in erecting a store-house on part of a public alley in the borough of Northumberland; and on November 8, he was found guilty. On the same day a motion for a new trial was made, which was overruled. On the 14th November, 1850, a paper, dated the 13th November, was filed, containing the following as the sentence of the Court, viz., “ The sentence of the Court is, that James Taggart, the defendant, abate the nuisance set forth in the indictment, on or before the 1st day of .the next Court of Quarter…
1Opinion of the Court
The opinion of Lewis, X, was as follows:—
Lewis, J.
— The plaintiff in error was convicted of placing a nuisance in a public street in the borough of Northumberland. He was sentenced to abate it at his own costs, and was ordered to stand committed until the sentence be complied with. It is alleged that this is erroneous, and that the nuisance ought to be abated by means of a writ directed to the sheriff. In looking for authorities to support this sentence, it is certainly going far enough back when we draw from the black letter lore of Rolle’s Abridgment. It is there declared, in the Norman…
2Cases cited1 opinion
- Respublica v. ArnoldSupreme Court of Pennsylvania · 1802
3Cited by3 opinions
- Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
- Commonwealth v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Crosland v. Borough of PottsvilleSupreme Court of Pennsylvania · 1889