Bennet v. Bullock
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action in the case by Iva Bullock against Solomon Bennet, John M. Randall, and John Randall. The declaration was in trespass, charging that the defendants, with force and arms, broke into the plaintiff’s saw-mill, cut, damaged, and destroyed the machinery thereof, pulled down and destroyed the mill-dam belonging thereto, and ejected and expelled the plaintiff from the possession and enjoyment thereof.
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Error to the Common Pleas of Tioga county. This was an action in the case by Iva Bullock against Solomon Bennet, John M. Randall, and John Randall. The declaration was in trespass, charging that the defendants, with force and arms, broke into the plaintiff’s saw-mill, cut, damaged, and destroyed the machinery thereof, pulled down and destroyed the mill-dam belonging thereto, and ejected and expelled the plaintiff from the possession and enjoyment thereof. The defendants pleaded “not guiltyand the parties went to trial on the merits, without objection as to the form of action. On the 29th June…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
We have here a very extraordinary case. It is called an action of trespass on the case, but the narr. is in trespass vi et armis. It charges that the defendants, now plaintiffs in error, broke into the plaintiff’s saw-mill with force and arms — ■ cut, damaged, and destroyed various parts of the machinery— pulled down and destroyed the mill-dam belonging to said sawmill — and ejected and expelled the plaintiff from the possession and enjoyment of said saw-mill and its properties. The plea was not guilty, and so the parties went to trial.
The…
2Cited by6 opinions
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- Bush v. GambleSupreme Court of Pennsylvania · 1889
- Wells v. BeckerSuperior Court of Pennsylvania · 1904
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