McCloskey v. Powell
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OE FOREST county. No. 206 October Term 1887, Sup. Ct.; court below, No. 1 December Term 1883, C. P. On September 24, 1883, a summons in trespass q. c. f. was issued in an action by Robert McCloskey and A. B. Reid against J. H. Ryder, James N. Scatcherd, John N. Scatcherd and Jerome Powell, to recover for the cutting of timber trees, under the act of March 29,1824, 8 Sm.
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ERROR TO THE COURT OF COMMON PLEAS OE FOREST county. No. 206 October Term 1887, Sup. Ct.; court below, No. 1 December Term 1883, C. P. On September 24, 1883, a summons in trespass q. c. f. was issued in an action by Robert McCloskey and A. B. Reid against J. H. Ryder, James N. Scatcherd, John N. Scatcherd and Jerome Powell, to recover for the cutting of timber trees, under the act of March 29,1824, 8 Sm. L. 283. James N. and John N. Scatcherd were not served; Ryder and Powell pleaded, not guilty. At the trial on December 23, 1886, the facts were in substance as follows: In 1880, Ryder, as the…
1Opinion of the Court
OPINION,
Mk. Justice Williams :
The several assignments of error in this case raise but a single question. The facts upon which that question is presented are not in controversy.
*71It appears from the evidence that Seateherd & Son, of Buffalo, N. Y., sent their agent, Ryder, into Elk county, to purchase cherry timber. In his search he went upon two warrants owned by Mr. Powell, of Ridgway, on which he had heard there was cherry timber. He found a growth of valuable cherry and other hard woods in the neighborhood of Mr. Powell’s lands, hut was unable to determine whether it was within Powell’s…
2Cases cited5 opinions
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- McMurtrie v. StewartSupreme Court of Pennsylvania · 1853
- Welsh v. CooperSupreme Court of Pennsylvania · 1848
- Deal v. BogueSupreme Court of Pennsylvania · 1853
- Frantz v. LenhartSupreme Court of Pennsylvania · 1867
3Cited by20 opinions
- Bluefields S. S. Co. v. United Fruit Co.Court of Appeals for the Third Circuit · 1917
- Kopka v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1952
- Greek Catholic Congregation v. PlummerSupreme Court of Pennsylvania · 1940
- Hutto v. KremerMississippi Supreme Court · 1954
- McCloskey v. PowellSupreme Court of Pennsylvania · 1891
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