Legal Opinion

Megee v. Beirne

Supreme Court of Pennsylvania

Decided May 6, 1861PublishedCited by 10 opinions

Error, to the District Court of Philadelphia. This was an action of trespass vi et armis, brought to July Term 1860, by Oliver Beirne against G-eorge Megee, late sheriff of the county, and grew out of the seizure by him of a drove of one hundred and ten cattle, under a writ of foreign attachment, issued out of the District Court for the city and county of Philadelphia, at the suit of John Hopkins against Andrew Beirne.

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Error, to the District Court of Philadelphia. This was an action of trespass vi et armis, brought to July Term 1860, by Oliver Beirne against G-eorge Megee, late sheriff of the county, and grew out of the seizure by him of a drove of one hundred and ten cattle, under a writ of foreign attachment, issued out of the District Court for the city and county of Philadelphia, at the suit of John Hopkins against Andrew Beirne. Andrew Beirne, a resident of Monroe county, Virginia, was the maker of a promissory note for $2775.35, which had been protested for non-payment, and was held by Mr. Hopkins, of…

1Opinion of the Court

The opinion of the court was delivered,

by Woodward, J.

If the herd of cattle had been seized as the property of Andrew Beirne, whilst he had them in his possession under the agreement of 17th September 1857, we should strongly incline to the opinion that his interest under that paper, coupled with the actual possession, was an attachable interest. They were young cattle. Oliver purchased and delivered them to Andrew in the fall of 1857, to handle and graze in preparation *60for the fall market of 1858. A year’s growth and development at Andrew’s expense were contemplated. When sold, he was to…

2Cases cited1 opinion

  1. Shipman v. ClarkNew York Supreme Court · 1847

3Cited by10 opinions

  1. Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
  2. Bankers' Mortgage Co. v. SohlandSuperior Court of Delaware · 1927
  3. Commonwealth v. BurnsSuperior Court of Pennsylvania · 1900
  4. Golder v. BogashSupreme Court of Pennsylvania · 1938
  5. Glenny v. BoydSuperior Court of Pennsylvania · 1904

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