Shiffer v. Broadhead
Supreme Court of Pennsylvania
ERROR, TO THE COURT OF COMMON PLEAS OF LUZERNE ' COUNTY. No. 47 January Term 1889, Sup. Ct.; court below,tNo. 22 Muy Term 1885, C. P. On March 4,1885, J. B. Shiffer brought trespass against John .A. Broadhead, Abram Bellas and six others, to recover treble damages for the cutting down and conversion of growing timber trees, under § 3, act of March 29, 1824, 8 Sm.
Read the full summary
ERROR, TO THE COURT OF COMMON PLEAS OF LUZERNE ' COUNTY. No. 47 January Term 1889, Sup. Ct.; court below,tNo. 22 Muy Term 1885, C. P. On March 4,1885, J. B. Shiffer brought trespass against John .A. Broadhead, Abram Bellas and six others, to recover treble damages for the cutting down and conversion of growing timber trees, under § 3, act of March 29, 1824, 8 Sm. L. 283. The defendants pleaded not guilty, and on May 7, 1886, the cause was referred bj^ agreement of counsel to Mr. O. F. Nicholson,. under the provisions of the act of March 23, 1870, P. L. 540 (extending to Wayne and Luzerne…
1Opinion of the Court
Opinion,
Me. Justice Steeeett :
There was no error in recommitting the report of the referee for the purpose of taking additional testimony in relation to the size of the trees in controversy. The supplementary act of June 22, 1871, P. L. 1363, referring to the provision for filing exceptions, etc., declares “It shall be the duty of the Court of Common Pleas to hear and decide upon all exceptions so filed *269to the report of the referee, reserving to the court, however, the power of committing the report again to the referee should justice require it.” The power thus reserved, is an ample warrant…
2Cited by11 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Patterson v. GrahamSupreme Court of Pennsylvania · 1894
- Robertson v. H. Weston Lumber Co.Mississippi Supreme Court · 1920
- Commonwealth v. ShapiroSuperior Court of Pennsylvania · 1909
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1915
6 more not listed; retrieve them via the Exa API.