Legal Opinion

Spangler v. Hummer

Supreme Court of Pennsylvania

Decided May 15, 1832Published

IN ERROR. 'Error to the District Court of York county. It was an action of replevin by Rudolph Spangler, against John Hummer, brought to recover grain, which the plaintiff claimed as the tenant of one Herbach, and which the defendant had taken from the ground where it had been raised by the plaintiff. It was proved that the grain in dispute Was grown on one hundred and thirty acres of land, of which, in eighteen hundred and sixteen, John Ziegler, died seised.

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IN ERROR. 'Error to the District Court of York county. It was an action of replevin by Rudolph Spangler, against John Hummer, brought to recover grain, which the plaintiff claimed as the tenant of one Herbach, and which the defendant had taken from the ground where it had been raised by the plaintiff. It was proved that the grain in dispute Was grown on one hundred and thirty acres of land, of which, in eighteen hundred and sixteen, John Ziegler, died seised. On the first of January, eighteen hundred and sixteen, an order issued to Ziegler’s administrators, to sell this land: it was sold to…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

The District Court in its charge to the jury, in this case, after noticing the grounds upon which the plaintiff’s counsel had contended for a recovery, and recapitulating some parts of the testimony, as well as suggesting the want of it to sustain the plaintiff’s claim, concluded by telling the jury that, “if then the law is as laid down b.y the court, the plaintiff has failed in making out his case and is not entitled to recover. ” This is complained of here as error, and it does appear to me too, not without reason. For it would rather…

2Cases cited2 opinions

  1. Wogan v. SmallSupreme Court of Pennsylvania · 1824
  2. Jones v. WildesSupreme Court of Pennsylvania · 1822

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