Logan v. Jennings
Supreme Court of Pennsylvania
A writ of error having issued to the District Court for the City and County of Philadelphia, it appeared from the record returned to this court, that the action was trespass id et armis quare clausum fregerunt, brought by the defendant in error against the plaintiffs in error. The defendants below filed a special plea, to which the plaintiff below replied specially, and the defendants demurred specially to the replication, assigning various causes of demurrer.
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A writ of error having issued to the District Court for the City and County of Philadelphia, it appeared from the record returned to this court, that the action was trespass id et armis quare clausum fregerunt, brought by the defendant in error against the plaintiffs in error. The defendants below filed a special plea, to which the plaintiff below replied specially, and the defendants demurred specially to the replication, assigning various causes of demurrer. The District Court gave judgment oil the demurrer in favour of the plaintiff below, and the defendants sued out a writ of error. The…
1Opinion of the Court
The opinion of the court was delivered by
Rogers J.
When the action sounds in damages, as in covenant, trover, trespass, &c. judgment for the plaintiff, on demurrer, is interlocutory, “ that the plaintiff ought to recover his damages,” leaving the amountofthem to be afterwards ascertained, Lilly’s Entries, 57. The case at bar is an action of trespass vi et armis, in which, on a demurrer, the court gave judgment for the plaintiff It is therefore necessary before final judgment, that the damages should be assessed by a jury. But until final judgment, a writ of error docs not lie. Metcalf’s Case,…
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