Marcy v. Gardinier
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehannah county. John Marcy against Andrew Gardinier. This was an action of trespass for cutting timber, which involved the question as to the title to a tract of land. The points decided and the facts are distinctly stated in the opinion of the court.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error is founded on an exception to the answers of the court below, given to three points submitted by the counsel for the plaintiff. The answers of the court to the two first of these points accord with the decision of this court made in regard to them, when this case was here before on a former writ of errror; see 5 Watts 337. It is therefore unnecessary to go into any further argument now to show that the court was right in answering them as it did. The third point however being new and not made before, it, becomes proper t.o…
2Cases cited4 opinions
- Lessee of Harris v. MonksSupreme Court of Pennsylvania · 1815
- Smith v. WellsSupreme Court of Pennsylvania · 1793
- Lessee of Patterson v. CochranSupreme Court of Pennsylvania · 1807
- Gardinier v. MarcySupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- George's AppealSupreme Court of Pennsylvania · 1849
- Smith v. WellsSupreme Court of Pennsylvania · 1793
- Lessee of Duncan v. WalkerSupreme Court of Pennsylvania · 1793
- Lessee of Workman v. GillespieSupreme Court of Pennsylvania · 1803
- Horner v. ThompsonSuperior Court of Pennsylvania · 1912