Marsh v. Pier
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia. Sylvester Pier, the plaintiff below and defendant in error, declared in replevin for ninety-seven tons of Campeche logwood, taken-and unjustly detained by the defendant, James Marsh, to which the defendant pleaded “ property.” The plaintiff replied, and issue was joined.
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This was a writ of error to the District Court for the City and County of Philadelphia. Sylvester Pier, the plaintiff below and defendant in error, declared in replevin for ninety-seven tons of Campeche logwood, taken-and unjustly detained by the defendant, James Marsh, to which the defendant pleaded “ property.” The plaintiff replied, and issue was joined. The cause was tried at June term, 1832, and a verdict and judgment rendered for the plaintiff, for three. thousand and forty-seven dollars and thirty-nine cents damages, and six cents costs. On the trial, the following facts appeared in…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
This was an action of replevin, and was commenced on the 27th of November, 1828, in the District Court for the City and County of Philadelphia, by the defendant in error, against the plaintiff in error, for the recovery of ninety-seven tons of logwood, claimed by the plaintiff below as his property, to which the defendant there, by his plea, put in on the 25th of March, 1829, also asserted his right of property. Issue was joined on the plea of property alone, after which the cause was tried by a jury, on the 21st day of April, *2801832, and…
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