Whitney v. Backus
Supreme Court of Pennsylvania
Appeal, No. 362, Jan. T., 1891, by Andrew Backus, one of the defendants, from judgment of C. P. Erie Co., Nov. T., 1885, No. 116, on verdict for plaintiffs, George M. Whitney et al. Trespass quare clausum fregit to recover treble damages for cutting timber, under the act of March 29,1824. The summons was issued against the defendants “doing business as the Penn Lumber Company, Limited,” and served personally on each of them.
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Appeal, No. 362, Jan. T., 1891, by Andrew Backus, one of the defendants, from judgment of C. P. Erie Co., Nov. T., 1885, No. 116, on verdict for plaintiffs, George M. Whitney et al. Trespass quare clausum fregit to recover treble damages for cutting timber, under the act of March 29,1824. The summons was issued against the defendants “doing business as the Penn Lumber Company, Limited,” and served personally on each of them. All the defendants pleaded not guilty and liberum tenementum. The Penn Lumber Company, Limited, was organized under the act of June 2, 1874, and its supplements. At the…
1Opinion of the Court
Opinion by
Mb.. Justice McCollum,
This was an action of trespass quare clausum fregit brought by George M. Whitney and Lucinda M. Whitney against Alfred Short, William C. Culbertson, Roscoe A. Davidson, Andrew M. Backus, and Edwin J. Dodge, doing business as the Penn Lumber Co., Limited, to recover the damages allowed by § 3 of the act of March 29, 1824, Pur. Dig. 1635, for cutting timber trees without the consent of the owner. It resulted on the trial in the court below in a verdict and judgment of $100 against Andrew M. Backus, who is the appellant here.
The instruction complained of in the…
2Cases cited2 opinions
- McCloskey v. PowellSupreme Court of Pennsylvania · 1889
- McCloskey v. PowellSupreme Court of Pennsylvania · 1891
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- Olson v. McLaughlinSuperior Court of Pennsylvania · 1916
- Youngstown Coke Co. v. Andrews Bros.U.S. Circuit Court for the District of Northern Ohio · 1897
- Hess v. SuttonSuperior Court of Pennsylvania · 1907
- McKean v. CommissionerUnited States Board of Tax Appeals · 1929
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