Pearce v. Humphreys
Supreme Court of Pennsylvania
IN ERROR. brought this action of trespass on the case against Cromwell Pearce, the defendant below and plaintiff in error.
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IN ERROR. brought this action of trespass on the case against Cromwell Pearce, the defendant below and plaintiff in error. The declaration charged, that the said Benjamin, on the 1st day of February, 1817, was possessed of one wagon, &c. of the value of. &c. of his own proper goods and chattels, and that the said Cromwell, on the day and year aforesaid, was high sheriff, &c. and the said Benjamin so of the goods and chattels possessed, and he the said Cromwell so as aforesaid being high sheriff, &c. the duty of his said office not considering, but contriving, and fraudulently intending the…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The late Chief Justice Shxppen, has been properly styled the father of the law of replevin in this state. While President of the Court of Common Pleas, he established certain principles, in conducting the action, and on the responsibility of a sheriff who executes them, thirty-seven years ago, which have prevailed ever since. Indeed, it became necessary, from the structure of our courts of justice, to adopt other rules for the government of this action, than obtained in England. In Weaver v. Lawrence, decided in 1788, 1 Dall. 156, he clearly…
2Cases cited3 opinions
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Gibbs v. BullNew York Supreme Court · 1821
- Way v. PattyIndiana Supreme Court · 1848
3Cited by3 opinions
- Myers v. ClarkSupreme Court of Pennsylvania · 1842
- Commonwealth v. ReesSupreme Court of Pennsylvania · 1838
- Neville v. WilliamsSupreme Court of Pennsylvania · 1838