York v. Marshall
Supreme Court of Pennsylvania
Appeal, No. 342, Jan. T., 1917, by plaintiff, from order of C. P. Bradford Co., Dec. T., 1916, No. 9, quashing writ of replevin, in case of David B. York v. C. J. Marshall. Replevin- for cattle seized by the State Veterinarian. Motion to quash writ of replevin. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. The court quashed the writ of replevin. Plaintiff appealed. Error assigned was in quashing the writ of replevin.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Certain cattle belonging to the plaintiff being suspected of having tuberculosis, defendant, the State veterinarian, acting for and on behalf of the State Livestock Sanitary Board of Pennsylvania, seized them on July 27,1916, and established a special quarantine of the cattle for sixty days in a field on lands in possession of the plaintiff, for the purpose of making a tuberculin test, as directed by the Act of July 22, 1913, P. L. 928. On September 4, 1916, the defendant, without the consent or knowledge of the plaintiff, broke the lock on the gate leading…
2Cases cited4 opinions
- Pott v. OldwineSupreme Court of Pennsylvania · 1838
- Stiles v. GriffithSupreme Court of Pennsylvania · 1800
- Elkins v. GriesemerSupreme Court of Pennsylvania · 1882
- McJunkin v. MathersSupreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
- Carlton Furniture Co. v. Jenkins, Pennsylvania Court of Common Pleas, Philadelphia County1924
- Donaldson v. Askey, Pennsylvania Court of Common Pleas, Somerset County1979
- Hutchison v. Mitterling, Pennsylvania Court of Common Pleas, Huntingdon County1955
- Kohonovich v. Freed, Pennsylvania Court of Common Pleas, Northampton County1934