Shriver v. Stephens
Supreme Court of Pennsylvania
Error to the Common Pleas of Cfreene county. This was an action of assumpsit by Shriver v. Stephens, under the Act of 11th March, 1842, relative to partition fences. The plea was non assumpsit and payment. On the part of the plaintiff, a witness testified that he was one of the township auditors, and acted in this case as a fence Viewer. That he was sworn as auditor, but had no recollection of talcing the oath as fence viewer.
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Error to the Common Pleas of Cfreene county. This was an action of assumpsit by Shriver v. Stephens, under the Act of 11th March, 1842, relative to partition fences. The plea was non assumpsit and payment. On the part of the plaintiff, a witness testified that he was one of the township auditors, and acted in this case as a fence Viewer. That he was sworn as auditor, but had no recollection of talcing the oath as fence viewer. He and another auditor (the plaintiff, Shriver, being the third auditor), viewed the fence in question which had been built by Shriver, and made a certificate. The view…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
It is important to peace among neighbors that the office of fence viewers should be effective in settling controversies about the making and repair of fences; and in order that it may be so, we must not allow them to be embarrassed by rules of practice that are suited only to those who make the law their principal study. Where the statute makes no particular form essential, we should not require it. If the duty of the viewers has been substantially performed, we ought to allow to their certificate all the force and virtue intended by the…
2Cases cited1 opinion
- Neale v. The OverseersSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Carpenter v. WolfSuperior Court of Pennsylvania · 1921
- Potter County v. Bernard, Pennsylvania Court of Common Pleas, Potter County1924
- Turner v. RichardsSupreme Court of Pennsylvania · 1907