Syracuse Pit Hole Oil Co. v. Carothers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: No. 138, to October and November Term 1868. On the 25th of June 1866, the Syracuse Pit Hole Oil Company issued a writ of replevin against J. A. Carothers and Charles Moore, for an engine and a number of other chattels. The sheriff returned, “ Replevied as within commanded, and property left in possession of defendants, they having filed property bond; also summoned defendants by reading this writ to them.”
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Error to the Court of Common Pleas of Venango county: No. 138, to October and November Term 1868. On the 25th of June 1866, the Syracuse Pit Hole Oil Company issued a writ of replevin against J. A. Carothers and Charles Moore, for an engine and a number of other chattels. The sheriff returned, “ Replevied as within commanded, and property left in possession of defendants, they having filed property bond; also summoned defendants by reading this writ to them.” The defendants pleaded “ non cepit and property.” On the 18th of October 1867, the jury found for the plaintiff $1493.85. On the 23d…
1Opinion of the Court
The opinion was delivered November 26th 1869.
Per Curiam. —
It is seldom we have seen anything so disorderly and erroneous as the proceedings in this case are shown by the record to be. Eour months after verdict and judgment thereon, a rule to show cause why a new trial should not be granted was entertained by the associate judges. Two months thereafter this motion was argued before the president and one associate. The motion fell by a divided court. Afterwards, however, by paper filed, the associates granted a new trial. One of the judges, it would appear, never heard the argument. Be that as…
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