Fitzwater v. Stout
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county, This was an action of trespass, brought by Christian D. Stout against George W. Eitzwater and John Eitzwater, Jr., for breaking and entering his close, at Upper Dublin township, Montgomery county, and taking and driving away five cows of the value of $ — , and converting them to their own use.
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Error to the Common Pleas of Montgomery county, This was an action of trespass, brought by Christian D. Stout against George W. Eitzwater and John Eitzwater, Jr., for breaking and entering his close, at Upper Dublin township, Montgomery county, and taking and driving away five cows of the value of $ — , and converting them to their own use. Defendants pleaded not guilty, and also pleaded specially that under an execution issued upon a judgment againt Stout, the plaintiff, ten acres of grain in the ground (inter alia) was levied upon and sold by the sheriff to John Fitzwater, Sr., for a full…
1Opinion of the Court
The opinion of the court was delivered April 21, by
Coulter, J.
The four errors assigned amount to this, that the court submitted to the jury the facts, whether George W. Fitzwater and John Fitzwater, the younger, participated in any acts after the cattle were taken to Thompson’s, and whether they participated in the sale subsequently made, and whether a demand was made of the cattle; there being no evidence to implicate the defendants in these conclusions.
But the case was fairly enough submitted to the jury as to these matters of fact. There was undoubtedly some evidence, as to John, and it…
2Cited by1 opinion
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