Legal Opinion

Davis & Pugh v. Bigler & Son

Supreme Court of Pennsylvania

Decided July 6, 1869PublishedCited by 4 opinions

May 17th 1869. Before- Thompson, C. J., Agnew, Shahs-wood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Dauphin county; No. 27, to May Term 1869. This was an action of replevin, commenced October 22d 1866 by James A. Davis and Joseph B. Pugh, partners as Davis & Pugh, against Samuel S. and Caspar S. Bigler, partners as Bigler & Son, for a raft of timber containing about 5000 feet. The plea was “ property.”

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May 17th 1869. Before- Thompson, C. J., Agnew, Shahs-wood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Dauphin county; No. 27, to May Term 1869. This was an action of replevin, commenced October 22d 1866 by James A. Davis and Joseph B. Pugh, partners as Davis & Pugh, against Samuel S. and Caspar S. Bigler, partners as Bigler & Son, for a raft of timber containing about 5000 feet. The plea was “ property.” The evidence for the plaintiff was, that George Griffith, in October 1865, agreed to cut from his own land and deliver to Ebenezer McMasters, at Smith’s Dam, on…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

The main contest in the court below was upon questions of fact. The original owner of the raft and his alleged vendee, were both examined as witnesses, the parties to the suit being purchasers from them respectively. Their testimony was *247conflicting upon the most important questions in issue, — the fact of a sale and delivery — the retention of possession by the vendor if there was a sale, and the explanation of the marks on the logs. It is not the province of a court of error to review the verdict. The responsibility of that rests with…

2Cases cited7 opinions

  1. Stevens v. IrwinCalifornia Supreme Court · 1860
  2. King v. RichardsSupreme Court of Pennsylvania · 1841
  3. Churchman v. SmithSupreme Court of Pennsylvania · 1841
  4. Foster v. SimmonsU.S. Circuit Court for the District of District of Columbia · 1806
  5. Webster v. PeckSupreme Court of Connecticut · 1863

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
  2. Louis Bernstein v. J.M. HinemanSuperior Court of Pennsylvania · 1925
  3. Flanigan v. PomeroySupreme Court of Minnesota · 1902
  4. Lugar v. Parker, Pennsylvania Court of Common Pleas, Delaware County1930

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