Allen v. Liggett
Supreme Court of Pennsylvania
Error to the Court of 'Common Pleas of Clinton county: Of 'January Term 1875, No. 85J. On the 27th of March 1868, Benjamin Liggett commenced an action of trespass q. c. f., No. 115, to May Term 1868, against John H. Allen. The praecipe was: “ Issue alias summons in trespass quare clausum fregit, to recover treble damages for cutting timber trees. Vide original summons, No. 262, May Term 1866.” The writ was in the ordinary form of an original summons.
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Error to the Court of 'Common Pleas of Clinton county: Of 'January Term 1875, No. 85J. On the 27th of March 1868, Benjamin Liggett commenced an action of trespass q. c. f., No. 115, to May Term 1868, against John H. Allen. The praecipe was: “ Issue alias summons in trespass quare clausum fregit, to recover treble damages for cutting timber trees. Vide original summons, No. 262, May Term 1866.” The writ was in the ordinary form of an original summons. On the 12th of May 1868, a rule was granted to show cause why the alias writ of summons, and all proceedings thereon should not be set aside. On…
1Opinion of the CourtChief Justice Agnew
A brief statement of facts is necessary to an understanding of the questions in this case. On the 26th of April 1868, Liggett brought an action of trespass quare clausum fregit against DuBois and Allen. Allen was not served, and the declaration reciting the return of nihil as to Allen, set forth a joint trespass. The case *492was tried against DuBois, a verdict against him, December 19th 1869, for $468, and judgment May 11th 1868.
On the 28th March 1870, Liggett issued an alias summons, No. 115, May Term 1870, against Allen, which was served on him November 10th 1870. ° The record was amended by…
2Cases cited2 opinions
- Vitry ex rel. Vitry v. DauciSupreme Court of Pennsylvania · 1831
- Westmoreland Bank v. RaineySupreme Court of Pennsylvania · 1832
3Cited by4 opinions
- Brennan v. HuberSuperior Court of Pennsylvania · 1933
- Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937
- Oster v. Brotherhood of Locomotive Firemen & Engineers, Pennsylvania Court of Common Pleas, Lancaster County1922
- Specktor v. Northwestern Fire & Marine Insurance, Pennsylvania Court of Common Pleas, Philadelphia County1926