Owen v. Henman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. This was an action on the case by David H. Owen against Abner C. Henman, Daniel Coolbaugh and others, in which the plaintiff thus declared: “ Abner C. Henman and others were summoned to answer David H. Owen of a plea of trespass on the case, whereupon the said David H. Owen, by Edward Overton, Esq., his attorney, complains: For that whereas the said plaintiff before and at the time of the committing of the grievance hereinafter…
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ERROR to the Common Pleas of Bradford county. This was an action on the case by David H. Owen against Abner C. Henman, Daniel Coolbaugh and others, in which the plaintiff thus declared: “ Abner C. Henman and others were summoned to answer David H. Owen of a plea of trespass on the case, whereupon the said David H. Owen, by Edward Overton, Esq., his attorney, complains: For that whereas the said plaintiff before and at the time of the committing of the grievance hereinafter next mentioned, was, and from thence hitherto hath been, and still is, a member of the Old Presbyterian Church, of Wysox,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The questions arising in this case are on the sufficiency of the cause of action stated in the declaration, and ought properly to have been raised by a demurrer to the declaration, and not by asking the court to charge on the evidence. As however, *550this course has been consented to, and the cause has been agreed to be treated as if it were a demurrer to the declaration, we shall so consider it.
The complaint in the narr., succinctly stated, is, so far as it concerns the plaintiff, that the defendants unlawfully disturbed him in the hearing of…
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