Mitchell v. Zimmerman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1884, No. 898. This was an action of replevin by William Zimmerman against David Mitchell and Agnes Mitchell to recover possession of a horse, which it was alleged the defendants had wrongfully removed from plaintiff’s stable. The facts of the case, with the rulings of the court below, which form thé subject of the several assignments of error, are fully recited in the opinion of the Supreme Court.
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Error to the Court of Common Pleas of Berks county: Of January Term 1884, No. 898. This was an action of replevin by William Zimmerman against David Mitchell and Agnes Mitchell to recover possession of a horse, which it was alleged the defendants had wrongfully removed from plaintiff’s stable. The facts of the case, with the rulings of the court below, which form thé subject of the several assignments of error, are fully recited in the opinion of the Supreme Court. Verdict for the plaintiff and judgment thereon. Thereupon the defendants took this writ of error.
1Opinion of the CourtJustice Clark
The plaintiff in this replevin is a dealer in horses, in the city of Reading; on the 26th of February, 1881, he had a public auction sale of horses at the Drover’s Exchange. The terms and conditions of the sale, as they were verbalty announced by the auctioneer, in the presence of the bidders, before the sale began, were “sixty days note, with security, or 6 per cent, off for cash, satisfaction to be given before stock is removed.” The defendants purchased a horse at this sale, at and for the price of $125. After the sale the horse was removed to the plaintiff’s stable, where he remained…
2Cited by6 opinions
- Herbert EstateSupreme Court of Pennsylvania · 1947
- Hand v. MatthewsSupreme Court of Pennsylvania · 1904
- Brown v. ReberSuperior Court of Pennsylvania · 1906
- Mervine v. ArndtSuperior Court of Pennsylvania · 1907
- McLaughlin v. Victor Motor Supply Co.Superior Court of Pennsylvania · 1919
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