Legal Opinion

Lyle v. Barker

Supreme Court of Pennsylvania

Decided March 29, 1813PublishedCited by 15 opinions

THIS was an action of trespass vi et armis, for breaking and entering the close of the plaintiff, and taking away twenty-nmtí pipes of Madeira wine. The defendants pleaded not guilty, and a special justification under a writ of domestic attachment, at the suit of Alexander Burton against Robert Morris, junior, which was executed by Barker as sheriff, and the other defendants as his assistants.

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THIS was an action of trespass vi et armis, for breaking and entering the close of the plaintiff, and taking away twenty-nmtí pipes of Madeira wine. The defendants pleaded not guilty, and a special justification under a writ of domestic attachment, at the suit of Alexander Burton against Robert Morris, junior, which was executed by Barker as sheriff, and the other defendants as his assistants. Upon the trial of the cause, which took place before the Chief Justice at a Nisi Prizes in February last, it was in evidence that Robert Morris, junior, in whom the general property of the wine was, was…

1Opinion of the Court

Tilghman C. J.

delivered the Court’s opinion.

This is an action of trespass for breaking the plaintiff’s house, and taking away twenty-nine pipes of wine. The wine was pledged to the plaintiff by Robert Morris, junior, for a debt, the amount of which was not ascertained. The cause was tried before me, and I gave it in charge to the jury, that if they found for the plaintiff, they might give the -whole value *460of the wine in damages. The point was very little argued, and no authorities cited; so that my opinion was upon a general recollection of the principle, that he who has a special property in…

2Cited by15 opinions

  1. Russell v. ButterfieldNew York Supreme Court · 1839
  2. Treadwell v. DavisCalifornia Supreme Court · 1868
  3. Brewster v. WarnerMassachusetts Supreme Judicial Court · 1883
  4. Moore v. HitchcockNew York Supreme Court · 1830
  5. Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897

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