Bower v. Tallman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lycoming county. This was an action of trover, brought by William Tallman and Charles Tallman against John Bower, to recover damages for 680 broad rails of the value of $54.44, alleged to be the property of the plaintiffs, and to have been converted by the defendant to his own use.
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ERROR to the Common Pleas of Lycoming county. This was an action of trover, brought by William Tallman and Charles Tallman against John Bower, to recover damages for 680 broad rails of the value of $54.44, alleged to be the property of the plaintiffs, and to have been converted by the defendant to his own use. The defendant pleaded not guilty, and the following special plea: “ That the said William and Charles ought not to have or maintain the aforesaid action thereof against him, because he says that the said William and Charles heretofore, to wit, on the 23d day of March 1840, after the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The defendants in error brought this suit, which is trover, against the plaintiff in error in the court below, to recover the value of 680 sawed white-pine board rails, which, as the defendants in error allege, belonged to them, and were converted by the plaintiff in error to his own use. The main, and, indeed, the only question, which arose on the trial of the cause was, whether the defendants in error were precluded from maintaining this action, in consequence of their having brought a prior action of replevin for the same rails, in which…
2Cases cited2 opinions
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Stoughton v. RappaloSupreme Court of Pennsylvania · 1817
3Cited by6 opinions
- Miller v. Warden, Frew & Co.Supreme Court of Pennsylvania · 1886
- Gulath v. WaldsteinMissouri Court of Appeals · 1879
- Hoyt v. CarsonSuperior Court of Pennsylvania · 1915
- Wetherill v. GallagherSupreme Court of Pennsylvania · 1905
- Baldwin v. CashSupreme Court of Pennsylvania · 1844
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