Commonwealth v. Cole
Supreme Court of Pennsylvania
Error to the Common Pleas of Chrbon county. This proceeding was instituted by Jacob Beer against Jacob Cole, under the Act of 14th April, 1851, before a justice of the peace, and removed into the Common Pleas by appeal.
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Error to the Common Pleas of Chrbon county. This proceeding was instituted by Jacob Beer against Jacob Cole, under the Act of 14th April, 1851, before a justice of the peace, and removed into the Common Pleas by appeal. In addition to the facts stated, in the opinion of his Honour, Mr. Justice Knox, the defendant on the trial of the cause in the court below, showed that 23 or 24 years before the trial, one Jedediah Irish owned the land on which the road is claimed, and that in clearing his land he changed the location of the road, and then offered to ask the witness, “ What did Irish say was…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The twelfth section of the Act of 14th of April, 1851, declares that “ if any person or persons, from and after the passage of this act, shall maliciously or voluntarily break dovra any post and rail or other fence, put up for the enclosure of lands, and carry away, break, or destroy, any post, rail, or other material, of which such fence was built, within this Commonwealth, every person or persons so offending and being legally thereof convicted before any justice of the peace or alderman of this Commonwealth,shall, for every such offence,…
2Cited by10 opinions
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- Wampler v. ShenkSupreme Court of Pennsylvania · 1961
- Colbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
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