Lane v. Baker
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Susquehanna county. In 1852, Amos Baker, the defendant in error in this case, brought two actions of trover against Newton Lane, one of the plaintiffs in error, and failed, and judgment-was entered against him for costs.
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Error to the Court of Common Pleas of Susquehanna county. In 1852, Amos Baker, the defendant in error in this case, brought two actions of trover against Newton Lane, one of the plaintiffs in error, and failed, and judgment-was entered against him for costs. Lane caused executions to be issued for the costs, on each of these judgments, and placed them in the hands of Thomas Jackson, the. other plaintiff in error, who, by Lane’s direction, levied upon and sold Baker’s last cow, and he brought this action of trespass de bonis asportatis against Lane and Jackson, for taking and selling Ms last…
1Opinion of the Court
The opinion of the court was delivered May-18, 1854, by
Black, J.
— The only question here, is, whether the last cow of a debtor is exempt from levy, upon an execution for costs, in’ an action of trover. It is argued, that the exemption only extends in cases of debt or contract, and this being a tort, the law does not apply to it. Perhaps the reasoning is good enough, but one of the main facts on which it is founded is untrue. When a plaintiff in an action of trover is cast, and the judgment is against him for costs, he is not thereby put into the situation which the defendant would have…
2Cited by5 opinions
- Pierce's AppealSupreme Court of Pennsylvania · 1883
- Bradley v. West Chester Street RailwaySupreme Court of Pennsylvania · 1894
- Keim v. BrumbaughSuperior Court of Pennsylvania · 1905
- Duff v. McDonoughSuperior Court of Pennsylvania · 1896
- State Mutual Benefit Society v. Jackson, Pennsylvania Court of Common Pleas, Delaware County1929