Barnet v. Ihrie
Supreme Court of Pennsylvania
in error. Writ of error,to the Court of Common Pleas of Northampton county,,in which judgment was entered for the defendant in error and plaintiff below, Peter Ihrie, in an assize of nuisance, brought by him to August term, 1825, against William. Barnet, the plaintiff in error and defendant below.
Read the full summary
in error. Writ of error,to the Court of Common Pleas of Northampton county,,in which judgment was entered for the defendant in error and plaintiff below, Peter Ihrie, in an assize of nuisance, brought by him to August term, 1825, against William. Barnet, the plaintiff in error and defendant below. The prxeipe directed the prothonotary to.issue a writ, For that whereas the said Peter Ihrie the elder, complains'that William Barnet the elder, unjustly and without judgment has erected, levied, and raised a .certain .wall and dam, thereby obstructing a certain mill site and a certain watercourse,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Notwithstanding the recognition of the assize off nuisance as an existing remedy in Livesay v. Gorgas, (2 Binn. 192,) it has incidentally been suggested that it is still not too late to discard it. I certainly have not been in favour of reviving obsolete forms, which, from the disuse of them by our forefathers, might well be considered as having been rejected at the settlement of the province. It is, however, too late to make á stand against them now, it having been established, by repeated decisions of this court, that all common law…
2Cases cited2 opinions
- Livezey v. GorgasSupreme Court of Pennsylvania · 1809
- Witherow v. KellerSupreme Court of Pennsylvania · 1824
3Cited by3 opinions
- Kintz v. McNealCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dewar v. SpenceSupreme Court of Pennsylvania · 1837
- Maris v. ParrySupreme Court of Pennsylvania · 1832