Swope v. Crawford
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1896, No. 17, on verdict for defendant, in case of Adam D. Swope v. Charles Crawford. Replevin for “ one large bay horse.” From the record it appeared that suit was originally begun against Charles F. Crawford and Jesse McComsey. McComsey died and his death was suggested of record.
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Appeal, No. 185, Oct. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1896, No. 17, on verdict for defendant, in case of Adam D. Swope v. Charles Crawford. Replevin for “ one large bay horse.” From the record it appeared that suit was originally begun against Charles F. Crawford and Jesse McComsey. McComsey died and his death was suggested of record. Before McComsey’s death defendants gave bond and retained the horse, and subsequently jointly pleaded not cepit and property. At the trial plaintiff claimed that in May, 1896, he bought the horse from McComsey and Crawford…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
This is an action of replevin for a horse, brought by the plaintiff against Jesse McComsey and Charles Crawford. The defendants gave a joint claim property bond and retained the horse. The plaintiff filed a declaration, alleging a wrongful taking and retention of the horse by the defendants jointly. The defendants, on September. 11, 1897, jointly pleaded non cepit and property. McComsey died before the case was tried, and, on June 7, 1899, his death was suggested of record. The jury was sworn to try the issue between Swope and Crawford, the surviving defendant.
Where,…
2Cases cited7 opinions
- Mullen v. Commissioners of Erie CountySupreme Court of Pennsylvania · 1877
- Mathias v. SellersSupreme Court of Pennsylvania · 1878
- Strong, Deemer & Co. v. DinninySupreme Court of Pennsylvania · 1896
- Fisher v. WhoollerySupreme Court of Pennsylvania · 1855
- Baird v. PorterSupreme Court of Pennsylvania · 1871
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