Clark v. Smith
Supreme Court of Pennsylvania
Err,or to the Common Pleas- of Warren county. This was an action of trespass quare clausum fregit. The plaintiff showed title to the close in himself, and possession till about three years previously to the commencement of this suit, when he told his son-in-law, Donegan, that he might go on the land and live — that he would help him, and would will it to his wife. This was in the winter, and, in the spring,-the son-in-law moved upon the land.
Read the full summary
Err,or to the Common Pleas- of Warren county. This was an action of trespass quare clausum fregit. The plaintiff showed title to the close in himself, and possession till about three years previously to the commencement of this suit, when he told his son-in-law, Donegan, that he might go on the land and live — that he would help him, and would will it to his wife. This was in the winter, and, in the spring,-the son-in-law moved upon the land. The plaintiff built the cellar, and assisted in putting up a barn. Donegan paid taxes and remained in possession, but never paid anything for the land.…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
The rule of this Court requires that, “ when an error is assigned to the charge of the Court, the part of the charge referred to must be quoted totidem verbis in the specification:” 6 Harris 578. An assignment that “the Court erred in the answer” to a particular point, without specifying either the point itself, or the part of the answer complained of, is not a specification of error according to the rule. In this case all the assignments of error, except the first, are of this vague character, and we pass them without further notice, and…
2Cases cited2 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Campbell v. ArnoldNew York Supreme Court · 1806
3Cited by4 opinions
- Lal, Amrit v. Cbs, IncCourt of Appeals for the Third Circuit · 1984
- Morris v. KnightSuperior Court of Pennsylvania · 1900
- Smucker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1898
- MacFadden v. Tomlinson, Pennsylvania Court of Common Pleas, Chester County1948