Weed v. Hill
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of replevin brought by Nathaniel Weed, and others, against David Hill and others, for a quantity of dry goods. The plaintiffs declared in the usual manner, and the defendants filed twenty pleas. 1st, Non cep. 2d, 3d, 4th, Property not in plaintiffs, but in third persons, different in each of these pleas. 5th. Property in defendants.
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THIS was an action of replevin brought by Nathaniel Weed, and others, against David Hill and others, for a quantity of dry goods. The plaintiffs declared in the usual manner, and the defendants filed twenty pleas. 1st, Non cep. 2d, 3d, 4th, Property not in plaintiffs, but in third persons, different in each of these pleas. 5th. Property in defendants. The following were the sixth, seventh, and eighth pleas, viz: “ 6. And the said defendants, with the leave of the court, further say, that they come and defend the wrong and injury, when, &c.; and say that the said plaintiffs ought not to have…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.—
The sixth plea, which'is the first in order to which the demurrer applies, states merely, that “ the defendants had a lien on the goods and chattels in the declaration mentioned, for the sum of seventy dollars for freight and storage.” The existence of a lien, such as is here asserted, is a conclusion of law from particular facts. These, therefore, should have been pleaded; presenting to the opposite party the option of admitting them, but contesting their sufficiency in point of law by demurrer, or of denying them by a proper plea to the…
2Cases cited4 opinions
- Thompson v. ButtonNew York Supreme Court · 1817
- Clark v. SkinnerNew York Supreme Court · 1823
- Gardner v. CampbellNew York Supreme Court · 1818
- English v. Dalbrow, Pennsylvania Court of Common Pleas, Philadelphia County1836