McNair v. Wilcox
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No 233 January Term 1887, Sup. Ct.; court below, No. 211 September Term 1887, C. P. On July 13, 1877, an action in trespass d. b. a. was brought by John S. McNair against Alfred Wilcox. The writ was served in due time. On June 1, 1883, a narr was filed and the defendant pleaded, not guilty, statute of limitations. On March 8, 1886, a rule to amend the form of action to trover was made absolute.
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ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No 233 January Term 1887, Sup. Ct.; court below, No. 211 September Term 1887, C. P. On July 13, 1877, an action in trespass d. b. a. was brought by John S. McNair against Alfred Wilcox. The writ was served in due time. On June 1, 1883, a narr was filed and the defendant pleaded, not guilty, statute of limitations. On March 8, 1886, a rule to amend the form of action to trover was made absolute. At the trial on May 10, 1886, at the close of the testimony, the court, Galbraith, P. J., instructed the jury as to the law of the case, as they might…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
In this action of trover and conversion, a special verdict was rendered in favor of plaintiff for $1,408, the amount of his interest in the property, subject to the opinion of the court on the question of law raised by the facts recited in the special verdict. That question is, whether, under the circumstances, trover and conversion can be maintained by plaintiff. The learned president of the Common Pleas held it could not, for the reason that while plaintiff was then interested in the property wrongfully obtained by defendant, he had neither actual possession…
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