Weiler v. Coleman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: No. 288, to January Term 1871. This was an action of replevin issued, September 19th 1868, by David A. Smith against Fletcher Coleman and others for 80,000 feet of pine lumber. The plaintiff having afterwards made an assignment to James Weiler for the benefit of creditors, the assignee was substituted as plaintiff.
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Error to the Court of Common Pleas of Lycoming county: No. 288, to January Term 1871. This was an action of replevin issued, September 19th 1868, by David A. Smith against Fletcher Coleman and others for 80,000 feet of pine lumber. The plaintiff having afterwards made an assignment to James Weiler for the benefit of creditors, the assignee was substituted as plaintiff. On the trial, October 25th 1870, before Gamble, P. J.,the plaintiff gave evidence that he was engaged in lumbering in Potter. county on Slate run, a tributary of Pine creek, which empties into the West Branch of the…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
If it be conceded that the record of the log-mark adopted by the plaintiff’s assignor was not admissible in evidence under the Act of 10th April 1862, because the certificate required by the act was not signed by him, but by his agent, it does not follow that the other evidence offered in support of his title to the lumber, ought not to have been received as primfi facie evidence of ownership.
The replevin was for four piles of white pine lumber at defendant’s saw-mill, containing about eighty thousand feet, which the plaintiff alleged had…
2Cited by1 opinion
- Whitman v. Muskegon Log Lifting & Operating Co.Michigan Supreme Court · 1908