Legal Opinion

Norfolk Lumber Co. v. Simmons

Superior Court of Delaware

Decided February 15, 1897Published

This was an action of trespass brought by the Norfolk Lumber Company against William Simmons. The defendant was the late Sheriff of New Castle county. While he was holding the office ¿f Sheriff he seized under a writ of foreign attachment a lot of piling on the banks of the canal near Delaware City as the property of the defendant in the writ.

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This was an action of trespass brought by the Norfolk Lumber Company against William Simmons. The defendant was the late Sheriff of New Castle county. While he was holding the office ¿f Sheriff he seized under a writ of foreign attachment a lot of piling on the banks of the canal near Delaware City as the property of the defendant in the writ. The plaintiff in this suit, the Norfolk Lumber Company, claims the piling seized as its property and brought this action of trespass against the defendant on the ground of seizure. The narr contained several counts, but was substantially a declaration…

1Opinion of the Court

Cullen, J.,

(delivered the opinion of the Court.)

The narr filed in this case is in trespass, in the usual form for taking certain goods and chattels, which it is alleged were not the goods and chattels of the defendant, but were the property of other parties.

In the third and fourth pleas the defendant has set up the defence in substance, that the plaintiff has prior to instituting this action, brought suit in another jurisdiction against James E. Simpson, James E. Simpson, Jr., Alfred H. Simpson and William *328Simpson, who were joint tort feasors with him in committing the alleged trespass, and…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Lovejoy v. MurraySupreme Court of the United States · 1866
  2. Livingston v. BishopNew York Supreme Court · 1806
  3. Cathcart v. CommonwealthSupreme Court of Pennsylvania · 1861
  4. Knapp v. MarshallIllinois Supreme Court · 1861
  5. Bradley v. BearssIndiana Supreme Court · 1853

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