Cummings v. Gann
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county. This was an action of replevin, commenced November 9th 1864, by John Gann against R. D. Cummings, for a mare, in which the sheriff returned that he had replevied the property and delivered it to the plaintiff. The defendant pleaded non cepit and property. Cummings was an innkeeper in Bellefonte : in the fall of 1864, two men on horseback stopped at his house.
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Error to the Court of Common Pleas of Centre county. This was an action of replevin, commenced November 9th 1864, by John Gann against R. D. Cummings, for a mare, in which the sheriff returned that he had replevied the property and delivered it to the plaintiff. The defendant pleaded non cepit and property. Cummings was an innkeeper in Bellefonte : in the fall of 1864, two men on horseback stopped at his house. Suspecting their horses to have been stolen, he took possession of them, sent for the sheriff and had one of the men placed in custody — the other having escaped. Before Cummings sent…
1Opinion of the Court
. The opinion of the court was delivered, June 25th 1866, by
Thompson, J.
The 1st and 2d assignments of error may be considered together. They relate to the challenges of several jurymen, propter affecUim, for the reason that they were stopping for the time being at the “ Cummings House,” a hotel kept by the defendant. There was no allegation that they were gratuitous guests, or that they were not boarders on the same terms with others during the term of the court. This being so, we think it was no cause of principal challenge. If a cause of challenge at a-11 it was to the favour, and this…
2Cases cited1 opinion
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
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- Hufnagle v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1910
- Vitagraph Co. v. SwaabSupreme Court of Pennsylvania · 1915
- Catasauqua Mfg. Co. v. HopkinsSupreme Court of Pennsylvania · 1891
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