Fretton v. Karcher
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of January Term 1873, No. 236. This was an action of trespass, brought March 31st 1868, by John F. Karcher against Ferdinand Fretton and Frederica Fretton. The trespass complained of was levying on the goods of the plaintiff under a distress for rent; the plaintiff alleging that no rent was due.
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Error to the District Court of Philadelphia: Of January Term 1873, No. 236. This was an action of trespass, brought March 31st 1868, by John F. Karcher against Ferdinand Fretton and Frederica Fretton. The trespass complained of was levying on the goods of the plaintiff under a distress for rent; the plaintiff alleging that no rent was due. The premises on which the distress was made were a vacant lot occupied as a marble-yard, and belonging to Mrs. Fretton; the plaintiff was her lessee. He had occupied the lot for some years, at an annual rent o $50, the year expiring on the 20 th of January.…
1Opinion of the CourtJustice Mekcur
On the trial of this cause the counsel for the' plaintiff in error asked the court to charge the jury on nine written points. The court answered one only, and under exceptions directed the jury to find a verdict on eleven points framed by the court, and to assess the damages,,subject to the opinion of the court on the law arising from the facts to be found by the jury. This gives rise to the first assignment of error.
The court had the undoubted right to direct the jury to return a special verdict. It is one of the recognised modes by which the facts are put into the record: Miller v. Hershey,…
2Cited by4 opinions
- Thomas v. GibbonsSuperior Court of Pennsylvania · 1902
- Goodstein v. KingSupreme Court of Pennsylvania · 1929
- Lanier v. White, Pennsylvania Court of Common Pleas, Washington County1936
- Perloff v. Halpern, Pennsylvania Court of Common Pleas, Philadelphia County1927