Knapp v. Hartung
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: No. 206, to January Term 1871. This was an action of trespass q. c. f, d. b. a. commenced July 12th 1862, by Alanson Knapp against Samuel Hartung.
Read the full summary
Error to the Court of Common Pleas of Schuylkill county: No. 206, to January Term 1871. This was an action of trespass q. c. f, d. b. a. commenced July 12th 1862, by Alanson Knapp against Samuel Hartung. On the 11th of February 1869, the plaintiff filed a declaration in which he complained that on the 1st of July 1862, the defendant “broke and entered the close of the plaintiff,” and cut down “500 óak trees, 500 ash trees, 500 beech trees and 500 chestnut trees, * * * then being and growing in and on the close aforesaid, and took and carried away the same and converted them to his own use,”…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Merour, J.
This was an action of trespass quare clausum fregit et de bonis asportatis.
The original declaration filed, charged the defendant with entering the plaintiff’s close, and with cutting down, taking away and converting oak, ash, beech and chestnut trees. After the jury was sworn, by leave of the court, upon the payment of the costs by the plaintiff, and without any exception on the part of the defendant, two separate additional counts were filed. The one charging the defendant with entering another close of plaintiff’s, and…
2Cases cited4 opinions
- Sandback v. QuigleySupreme Court of Pennsylvania · 1839
- Coxe v. TilghmanSupreme Court of Pennsylvania · 1836
- Yohe v. RobertsonSupreme Court of Pennsylvania · 1837
- Womeldorf v. SteinbergenOhio Supreme Court · 1832
3Cited by13 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- Smith v. Piper Aircraft Corp.District Court, M.D. Pennsylvania · 1955
- Erie City Iron Works v. BarberSupreme Court of Pennsylvania · 1888
- Borough v. KennedySupreme Court of Pennsylvania · 1910
8 more not listed; retrieve them via the Exa API.