Busch v. Calhoun

Citations

• 14 Pa. Super. 578
• 1900 Pa. Super. LEXIS 87

Syllabus

<p>Appeal — Erroneous reason for correct judgment.</p> <p>' A correct judgment will not be disturbed although based on an erroneous reason.</p> <p>Cause of action — Trespass quare clausum fregit.</p> <p>.. Trespass quare clausum fregit cannot be maintained if the defendant was in possession of the locus in quo when the alleged trespass was committed, and had been in possession for some years previous thereto.</p> <p>Practice — Act of 1887 — Distinctions of form and substance.</p> <p>The act of 1887 while abolishing certain distinctions in action makes no change as to the particularity with which matters of substance, indispensable to an intelligent and just judgment between the parties, must be set out.</p> <p>Practice, G. P. — Pleading ^-Gause of action.</p> <p>Under the Act of May 25, 1887, P. L. 271, trespass will lie for the use and occupation of premises, the possession of which was not in the plaintiff during the period sued for but the cause of action must be adequately set out in the pleading.</p>