Legal Opinion

Sayler v. Walter

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 146PublishedCited by 3 opinions

Appeal, No. 146, Oct. T., 1905, by plaintiff, from jndgment of C. P. Northampton Co., Sept. T., 1904, No. 46, on verdict for defendant in case of Eugene Sayler v. Albert H. Walter. Trespass for wrongful conversion of cattle. Before Schuyler, P. J. At the trial the plaintiff was called : Mr. Lehr, counsel for the defendant: We object to the testimony of Mr. Sayler for the reason that this is a question about the ownership of these goods, as between Mr. Sayler and his wife.

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Appeal, No. 146, Oct. T., 1905, by plaintiff, from jndgment of C. P. Northampton Co., Sept. T., 1904, No. 46, on verdict for defendant in case of Eugene Sayler v. Albert H. Walter. Trespass for wrongful conversion of cattle. Before Schuyler, P. J. At the trial the plaintiff was called : Mr. Lehr, counsel for the defendant: We object to the testimony of Mr. Sayler for the reason that this is a question about the ownership of these goods, as between Mr. Sayler and his wife. Albert Walter was the agent for his wife to take these goods away at the time and she claimed the goods. The Court: You…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action of trover and conversion begun before a justice of the peace and brought into the common pleas by appeal from his judgment. On the trial in the common pleas the plaintiff offered to testify in his own behalf, but objection being made to his competency, and being examined upon his voir dire by the defendant’s counsel, he admitted that his wife also claimed the ownership of the chattels. Thereupon the defendant put in the special plea that the goods for which damages were claimed belonged to the plaintiff’s wife. The plaintiff then pleaded surprise, and…

2Cases cited8 opinions

  1. Evans v. EvansSupreme Court of Pennsylvania · 1893
  2. Pleasanton v. NuttSupreme Court of Pennsylvania · 1887
  3. Merriman v. MunsonSupreme Court of Pennsylvania · 1890
  4. Musser v. GardnerSupreme Court of Pennsylvania · 1870
  5. Johnson v. WatsonSupreme Court of Pennsylvania · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Halback v. HillCourt of Appeals for the D.C. Circuit · 1919
  2. Cunningham v. Crucible Steel Casting Co.Superior Court of Pennsylvania · 1914
  3. Sernovits v. Roberts, Pennsylvania Court of Common Pleas, Bucks County1961

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