Legal Opinion

Caldwell v. Gamble

Supreme Court of Pennsylvania

Decided July 15, 1835PublishedCited by 1 opinion

ERROR to the common pleas of Lycoming county. This was an action of replevin for thirty-six head of cattle, by John A. Gamble and John Pfouts against James D. Caldwell. The only questions of law which arose in this court are made sufficiently explicit by the statement of facts contained in the opinion of the court.

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

—This is an action of replevin brought by Gamble and Pfouts against Caldwell, for thirty-six head of cattle. The defendant pleads property; and on this issue the parties went to trial. Under this plea the defendant gave in evidence a judgment to the May term 1831, James A. Caldwell against Brewster Freeman on a fieri facias, alias, and pluries fieri facias. The pluries fieri facias was issued the 10th of September 1832, and was placed in the hands of the sheriff at half-after ten o’clock of the same day. On this fieri facias the sheriff…

2Cases cited2 opinions

  1. Brindle v. M'IlvaineSupreme Court of Pennsylvania · 1823
  2. Morton ex rel. M'Glaughlin v. MortonSupreme Court of Pennsylvania · 1825

3Cited by1 opinion

  1. Alston v. State BankSupreme Court of Arkansas · 1849

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