Legal Opinion

Kuhn v. North

Supreme Court of Pennsylvania

Decided December 22, 1823PublishedCited by 6 opinions

This case was tried before Duncan, J. at the Nisi Prius in November last, when a verdict was found in favour of the plaintiff, for 950 dollars, and the defendants now obtained a rule to show cause why there should not be a new trial.

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This case was tried before Duncan, J. at the Nisi Prius in November last, when a verdict was found in favour of the plaintiff, for 950 dollars, and the defendants now obtained a rule to show cause why there should not be a new trial. It was an action of trespass quare clausum fregit, brought by the plaintiff, Peter Kuhn, against Caleb North, sheriff of the city and county of Philadelphia, Conrad Hester, one of his deputies, and Marie JInthony Frenaye, to recover damages for entering the plaintiff’s dwelling house, disturbing his family, interrupting his business, and ejecting him from his…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

This cause was tried before me at Nisi Prim in November, last.

It was trespass vi et armis, for entering the defendants dwelling house, distressing his family, and interrupting his business, and for ejecting him from his dwelling house. The defendant justified, unde'f two executions on the same judgmentobtained by the commonwealth, a fi. fa. and ca. sa. returnable to December, 1819, against Peter Kuhn, William Gill, and Peter A. Canonge. These writs were in the hands of John Snyder, bailiff of Caleb North, one of the defendants, and on the 1st…

2Cases cited1 opinion

  1. Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812

3Cited by6 opinions

  1. Fleming v. BeaverSupreme Court of Pennsylvania · 1828
  2. Croft v. MooreSupreme Court of Pennsylvania · 1840
  3. M'Bride v. M'LaughlinSupreme Court of Pennsylvania · 1836
  4. Walker v. WilsonThe Superior Court of New York City · 1861
  5. Keller v. LeibSupreme Court of Pennsylvania · 1829

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