Emery v. Nelson
Supreme Court of Pennsylvania
IN ERROR. This was an action of trover for a heifer, brought before a justice of the peace, by William Nelson, the defendant in error, against John Emery, the plaintiff in error. ‘ The magistrate gave judgment in favour of the plaintiff, for 8 dollars, and the defendant appealed to the court of common pleas of Mercer county.
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IN ERROR. This was an action of trover for a heifer, brought before a justice of the peace, by William Nelson, the defendant in error, against John Emery, the plaintiff in error. ‘ The magistrate gave judgment in favour of the plaintiff, for 8 dollars, and the defendant appealed to the court of common pleas of Mercer county. Am action of trover had been previously brought by Emery against Nelson, for the same heifer, which was submitted to referees, who reported the sum of 4 dollars in favour of the plaintiff, for which the magistrate before whom the suit was brought, entered judgment. In…
1Opinion of the Court
Per. Curiam.
William Nelson, the plaintiff below, brought this action of troyer, for a heifer which had been the subject of another action of trover, brought by the present defendant against him before a justice of the peace, in which there was a recovery againsthim forfour dollars, the value of the heifer. If that was a valid judgment, the property was transferred to the present plaintiff, and whether it was valid was the question on the trial in the court below. It ivas objected, that the judgment was invalid, because the justice gave judgment in an action of trover, where the pro*14perty in…
2Cited by1 opinion
- Hazelett v. FordSupreme Court of Pennsylvania · 1840