Legal Opinion

Sheeder v. Moseby

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 221Published

Appeal, No. 221, Oct. T., 1919, by defendant, from judgment of O. P. Fulton County, Oct. T., 1918, No. 31, on verdict for plaintiff in the case of Jesse Sheeder v. Robert Moseby. Replevin to recover possession of a cow and calf. Before McPherson, P. J. The opinion of the Superior Court states the case. Verdict for plaintiff for $320 and judgment thereon. Defendant appealed. Errors assigned were in the following form: (1) The court erred as follows to wit: “Mr. Sipes.

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Appeal, No. 221, Oct. T., 1919, by defendant, from judgment of O. P. Fulton County, Oct. T., 1918, No. 31, on verdict for plaintiff in the case of Jesse Sheeder v. Robert Moseby. Replevin to recover possession of a cow and calf. Before McPherson, P. J. The opinion of the Superior Court states the case. Verdict for plaintiff for $320 and judgment thereon. Defendant appealed. Errors assigned were in the following form: (1) The court erred as follows to wit: “Mr. Sipes. I propose to prove by the witness on the stand that in October 1917, until December of that year the witness was the secretary…

1Opinion of the Court

Opinion by

Keller, J.,

This was an action in replevin for a cow which had broken into the enclosed lands of the defendant, and her calf, born subsequent to her impounding. The defendant did not deny the plaintiff’s ownership of the cattle, but claimed a lien for their shelter, care and feeding which he sought to recover by means of a conditional verdict as provided in Section 6 of the Act of April 19,1901, P. L. 88, relating to replevin. His offer to prove the damage done to his herbage and the money expended by him in feeding and caring for the cattle during the nine months they were in his…

2Cases cited5 opinions

  1. Young v. CoucheSuperior Court of Pennsylvania · 1913
  2. Pickering v. YatesSuperior Court of Pennsylvania · 1912
  3. Singer v. PintzukSuperior Court of Pennsylvania · 1913
  4. Irwin v. MattoxSupreme Court of Pennsylvania · 1891
  5. Fitzwater v. StoutSupreme Court of Pennsylvania · 1851

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