Legal Opinion

Townsend v. Kerns

Supreme Court of Pennsylvania

Decided May 15, 1834PublishedCited by 8 opinions

ERROR to the common pleas of Lancaster county. This was a writ of error to the court of common pleas of Lancaster county, in an action brought by John Townsend against Christian Kerns, John Kerns and John Leech. A verdict and judgment were rendered in favour of the defendants, and the case is now before this courton bills of exception to evidence, and to the charge of the court.

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ERROR to the common pleas of Lancaster county. This was a writ of error to the court of common pleas of Lancaster county, in an action brought by John Townsend against Christian Kerns, John Kerns and John Leech. A verdict and judgment were rendered in favour of the defendants, and the case is now before this courton bills of exception to evidence, and to the charge of the court. The declaration is, in the first count, for breaking the close of the plaintiff, and seizing nine acres of wheat there standing and growing, one colt, and one winnowing mill: and, in the second count, for entering the…

1Opinion of the Court

The Opinion of the Court was delivered by

Sergeant, J.

The first error assigned is, that (he court rejected a book of original entries, kept by Dungan, containing his receipts and expenditures on the farm during the year 1829, and purporting to be kept by him, as agent, of John Townsend. This book could have no bearing on the case, except to confirm the evidence before given, that Dungan was Townsend’s agent, and not his tenant. But Dungan was present in court, and examined as a witness, and the entries of acts done by him in the character of agent were not as good evidence as his testimony on…

2Cases cited1 opinion

  1. Cutbush v. GilbertSupreme Court of Pennsylvania · 1818

3Cited by8 opinions

  1. County of Mahaska v. IngallsSupreme Court of Iowa · 1864
  2. Bristol Hydraulic Co. v. BoyerIndiana Supreme Court · 1879
  3. Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
  4. Williams v. MartinSupreme Court of Georgia · 1849
  5. Case v. ShepherdNew York Supreme Court · 1800

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