Pressel v. Bice
Pennsylvania Court of Common Pleas, Blair County
No. 220 January Term 1891, Sup. Ct.; court below, No. 107 June Term 1889, C. P. On June 10, 1889, an appeal was entered by the defendant from the judgment of an alderman in favor of James Pressel against Alexander Bice. On August 29, 1889, the plaintiff filed a statement of claim in trespass for the wrongful sale by the defendant, a constable, of a portable saw-mill engine belonging to the plaintiff, on execution process issued against one James Dodson. Issue.
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No. 220 January Term 1891, Sup. Ct.; court below, No. 107 June Term 1889, C. P. On June 10, 1889, an appeal was entered by the defendant from the judgment of an alderman in favor of James Pressel against Alexander Bice. On August 29, 1889, the plaintiff filed a statement of claim in trespass for the wrongful sale by the defendant, a constable, of a portable saw-mill engine belonging to the plaintiff, on execution process issued against one James Dodson. Issue. At the trial, on January 29, 1890, it was shown that some time in 1887, James Dodson had bought a portable saw-mill and appurtenances,…
1Opinion of the Court
Per Curiam :
The court below submitted to the jury the question whether there was such a change of the possession of the property in controversy as was reasonable under the circumstances. The said property consisted of a steam-engine attached to a portable saw-mill. Both were on the premises of the plaintiff at the time he-purchased them from James Dodson. Had they been upon the premises of the latter the case would have been different, and it might have been the duty of the learned judge below to instruct the jury, as a matter of law, that there was not a sufficient change of possession. But…
2Cases cited4 opinions
- Crawford v. DavisSupreme Court of Pennsylvania · 1882
- McClure v. ForneySupreme Court of Pennsylvania · 1884
- Ziegler & Co. v. HandrickSupreme Court of Pennsylvania · 1884
- Stamer v. NassSupreme Court of Pennsylvania · 1858
3Cited by5 opinions
- McCullough v. WilleySupreme Court of Pennsylvania · 1901
- Taney v. Penn Nat. BankCourt of Appeals for the Third Circuit · 1911
- In re Standard Wood Products Co.District Court, M.D. Pennsylvania · 1941
- Little v. FearonSuperior Court of Pennsylvania · 1912
- Davies v. OxenreiderSuperior Court of Pennsylvania · 1910