Frost v. Cherry
Supreme Court of Pennsylvania
EBBOB TO THE COUBT OE COMMON PLEAS OE VENANGO COUNTY. No. 152 October Term 1888, Snp. Ct.; court below, No. 63 August Term 1887, C. P. On July 30, 1887, an appeal was entered by the defendant from a judgment recovered before Luman Stephens, city recorder, by A. Frost against John Cherry, which appeal was put at issue by the prothonotary, on the plea of nil debet.
Read the full summary
EBBOB TO THE COUBT OE COMMON PLEAS OE VENANGO COUNTY. No. 152 October Term 1888, Snp. Ct.; court below, No. 63 August Term 1887, C. P. On July 30, 1887, an appeal was entered by the defendant from a judgment recovered before Luman Stephens, city recorder, by A. Frost against John Cherry, which appeal was put at issue by the prothonotary, on the plea of nil debet. When the case was called for trial on October 10, 1887, a case stated was agreed upon and filed, in the nature of a special verdict, and was as follows: A. Frost, the above named plaintiff, was heretofore, to-wit: on the first day of…
1Opinion of the Court
Opisiox,
Mu. Justice Paxson :
This case involves the constitutionality of the act of assembly of June 23, 1885, P. L. 142, entitled “An act to repeal the first section of an act entitled ‘ An act for regulating and maintaining of fences,’ passed Anno Domini one thousand and seven hundred.”
The first section repeals in terms the above recited act of 1700, commonly known as the fence law. Had it stopped here, there would have been no question as to its validity. But the second section contains this important provision: “ That it shall be the duty of the sheriff of any county, on the request of the…
2Cases cited4 opinions
- Scowden's AppealSupreme Court of Pennsylvania · 1881
- Commonwealth ex rel. Fertig v. PattonSupreme Court of Pennsylvania · 1879
- Appeal of the City of Scranton School DistrictSupreme Court of Pennsylvania · 1886
- Morrison v. BachertSupreme Court of Pennsylvania · 1886
3Cited by18 opinions
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
- Sample v. PittsburgSupreme Court of Pennsylvania · 1905
- State ex rel. Childs v. CopelandSupreme Court of Minnesota · 1896
- Middletown RoadSuperior Court of Pennsylvania · 1900
- Commonwealth Ex Rel. v. WoodringSupreme Court of Pennsylvania · 1927
13 more not listed; retrieve them via the Exa API.