Legal Opinion

Wilson v. Gray

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 10 opinions

ERROR to the common pleas of Cumberland county. This was an action of replevin by John Gray against James Wilson. The writ of replevin was “ for a store of goods and stock belonging thereto, nowin the cellar of the house occupied by Thomas Hennessy, in Carlisle, consisting principally of ironmongery, hardware, paints, dye-stuffs, cordage, brushes, and other goods, and which were formerly in the care and management of James Wilson, as agent of John Gray; also the tools and…

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ERROR to the common pleas of Cumberland county. This was an action of replevin by John Gray against James Wilson. The writ of replevin was “ for a store of goods and stock belonging thereto, nowin the cellar of the house occupied by Thomas Hennessy, in Carlisle, consisting principally of ironmongery, hardware, paints, dye-stuffs, cordage, brushes, and other goods, and which were formerly in the care and management of James Wilson, as agent of John Gray; also the tools and implements used in the management thereof, consisting^of scales, weights, measures, stands, and vessels, the whole being…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The court below seem to have thought that great hardship, if not injustice, would have been done by rendering a judgment upon the verdict, as found by the jury, in favour of the defendant below, who is the plaintiff in error here. If so, it is only to be regretted that they did not, upon the application of the plaintiff below, set the verdict aside and grant a new trial, instead of arresting the judgment. It was within their discretion to have granted a new trial; and if they were convinced, from the evidence, that the jury had either…

2Cases cited1 opinion

  1. Easton v. WorthingtonSupreme Court of Pennsylvania · 1819

3Cited by10 opinions

  1. Fay v. DugganMassachusetts Supreme Judicial Court · 1883
  2. Central Transport, LLC v. Atlas Towing, Inc.District Court, E.D. Pennsylvania · 2012
  3. Robinson v. Tool-O-Matic, Inc.Superior Court of Pennsylvania · 1970
  4. Aronson v. Cleveland & Pittsburg RailroadSupreme Court of Pennsylvania · 1871
  5. Commonwealth v. PflaumSuperior Court of Pennsylvania · 1911

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