North v. Turner
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court of the city and county of Philadelphia. John. Turner, Jr., Samuel Humphreys, and JBernard Fitzsimmons,' brought this action of trespass vi et armis, against Caleb North, Thomas Elliot, Henry Engles, and John Graham, for taking and carrying away 300 barrels of tar, 200 barrels of rosin, and 50 barrels of turpentine, the property of the plaintiffs: to which the defendants pleaded not guilty.
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IN ERROR. Error to the District Court of the city and county of Philadelphia. John. Turner, Jr., Samuel Humphreys, and JBernard Fitzsimmons,' brought this action of trespass vi et armis, against Caleb North, Thomas Elliot, Henry Engles, and John Graham, for taking and carrying away 300 barrels of tar, 200 barrels of rosin, and 50 barrels of turpentine, the property of the plaintiffs: to which the defendants pleaded not guilty. A verdict and judgment were rendered in the court below, for the plaintiffs Turner, and others. The property set out in the declaration, had been levied on by two.of…
1Opinion of the Court
The opinion of the court was delivered by
GibsoN, J.
Steele v. The Phoenix Insurance Company, decides the point, that no objection lies to the competency of a witness, because he is a plaintiff on the record, and was the real party in interest when the suit was brought, if he has in the mean time divested- himself of all the interest which he had in the subject of the action. But as this is an action of trespass de bonis asportatis, it is urged that the property in the damages expected to be recovered, being for a mere tort, is so peculiarly attached to the person as to be inseparable from it;…
2Cases cited3 opinions
- Smith v. Bank of WashingtonSupreme Court of Pennsylvania · 1819
- Ash v. PattonSupreme Court of Pennsylvania · 1817
- Conrad v. KeyserSupreme Court of Pennsylvania · 1819
3Cited by13 opinions
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
- Lazard v. WheelerCalifornia Supreme Court · 1863
- Robinson v. WeeksNew York Supreme Court · 1851
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