Holden v. Cole
Supreme Court of Pennsylvania
In Error. Error to the Common Pleas of Bradford county. This was an action of trespass quare clausum fregit, which originated before a justice of the peace, and was brought by Julius S. Holden, the plaintiff in error, against Francis Cole, Israel Smith, Daniel Cole, George Coolbaugh, Marvin Thayer, Nelson D. Warford, William Coolbaugh, and William Cowell, the defendants in error, to recover damages for breaking and entering the close of the plaintiff, pulling down his fence,…
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In Error. Error to the Common Pleas of Bradford county. This was an action of trespass quare clausum fregit, which originated before a justice of the peace, and was brought by Julius S. Holden, the plaintiff in error, against Francis Cole, Israel Smith, Daniel Cole, George Coolbaugh, Marvin Thayer, Nelson D. Warford, William Coolbaugh, and William Cowell, the defendants in error, to recover damages for breaking and entering the close of the plaintiff, pulling down his fence, subverting the soil, and opening and constructing a road through the same, &c., without authority of law. The justice…
1Per curiam
The result of this writ of error shows the folly of a suitor’s attempt to manage his own cause. Had the points ruled below been brought before us on exceptions regularly taken, which any lawyer would have known to be necessary, the judgment must have been reversed; for it is certain that supervisors of the highways have no authority to re-locate a road, in order to place it on what might be supposed its recorded site. The authority, under an order to open, is exhausted by the action of those to whom it is directed, and cannot be resumed. The road, once laid, cannot be altered, except by a new…
2Cited by4 opinions
- Commonwealth v. JacksonSuperior Court of Pennsylvania · 1899
- Highland Township PetitionAdams County Court of Quarter Sessions · 1956
- Bartholomew v. BakerSuperior Court of Pennsylvania · 1940
- Commonwealth v. SlagelSuperior Court of Pennsylvania · 1907