Legal Opinion

Sopp v. Winpenny

Supreme Court of Pennsylvania

Decided May 8, 1871PublishedCited by 3 opinions

March 2d 1871. Before Thompson, C. J., A&new, Shakswood and Williams, JJ. Read, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 302, to January Term 1870. This was an action of trespass for mesne profits to March Term 1866, brought by Samuel Winpenny against Ernst Sopp, John Born, Squire Dunkerly, Alexander Krail and Henry Becker. Sopp, Born and Krail pleaded “not guilty;” judgment was entered against Dunkerly and Becker for want of a plea.

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March 2d 1871. Before Thompson, C. J., A&new, Shakswood and Williams, JJ. Read, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 302, to January Term 1870. This was an action of trespass for mesne profits to March Term 1866, brought by Samuel Winpenny against Ernst Sopp, John Born, Squire Dunkerly, Alexander Krail and Henry Becker. Sopp, Born and Krail pleaded “not guilty;” judgment was entered against Dunkerly and Becker for want of a plea. The cause was tried, January 6th 1869, before Greenbank, J. The plaintiff gave in evidence the record of an action of ejectment by the…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

The first assignment of error needs no notice. If at all competent the offer was made out of order. The 2d, 3d, 4th and 5th assignments raise a single question upon the conclusive effect of the action of ejectment, the record of which was given in evidence. This was an action for mesne profits, and the defendant, Sopp, offered to show that he was not in possession after the bringing of the ejectment; but the court below held that his possession was one of the questions in that suit, and that it settled that all the defendants were in…

2Cases cited4 opinions

  1. Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
  2. Huston v. WickershamSupreme Court of Pennsylvania · 1841
  3. Hare v. FurySupreme Court of Pennsylvania · 1800
  4. Postens v. PostensSupreme Court of Pennsylvania · 1842

3Cited by3 opinions

  1. Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
  2. Thornton v. Britton, Pennsylvania Court of Common Pleas, Fayette County1891
  3. Smith v. MachesneySupreme Court of Pennsylvania · 1913

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