Taylor v. Carryl
Supreme Court of Pennsylvania
From tbe Nisi Prius, Philadelphia. This was an action of replevin by Ward & Carryl, trading in tbe name of Ward & Co., v. Robert Taylor, for a barque or vessel, called “ Tbe Royal Saxon,” ber boats, tackle, apparel, and furniture.” Ward died after the issuing of tbe writ. The value endorsed on the writ was $6000. The writ issued on 24th February, 1848. Bail was not given by the defendant, and the vessel was delivered to tbe plaintiff.
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From tbe Nisi Prius, Philadelphia. This was an action of replevin by Ward & Carryl, trading in tbe name of Ward & Co., v. Robert Taylor, for a barque or vessel, called “ Tbe Royal Saxon,” ber boats, tackle, apparel, and furniture.” Ward died after the issuing of tbe writ. The value endorsed on the writ was $6000. The writ issued on 24th February, 1848. Bail was not given by the defendant, and the vessel was delivered to tbe plaintiff. In September, 1847, “ The Royal Saxon,” a British merchant vessel, then owned by Robert Mclntire, of Londonderry,- Ireland, sailed from that port for the port…
1Opinion of the Court
The opinion of the Court was delivered, March 26, 1855, by
Lowhie, J.
This is an action of replevin for the ship Royal Saxon. The plaintiff claims title under a sheriff’s sale in a foreign attachment procedure in the State Court, and' the defendant under , a marshal’s sale in an admiralty attachment procedure in the District Court of the United States. The two proceedings were partly contemporaneous; but the attachment of the State Court was firsthand when the marshal executed his writ he returned that he had done so, and that he “found a sheriff’s officer on board, claiming to have her in…
2Cases cited10 opinions
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- Holmes v. RemsenNew York Supreme Court · 1822
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
- Grant v. M'LachlinNew York Supreme Court · 1809
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3Cited by3 opinions
- Myers v. LohrSuperior Court of Pennsylvania · 1919
- In re Le VayDistrict Court, M.D. Pennsylvania · 1903
- Notley's PetitionSupreme Court of Pennsylvania · 1919