Trunick v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: No. 158 to October and November Term 1868. This was an action of trespass, d. b. a., by James Truniek against Joseph R. Smith (sheriff), issued July 24th 1862, for seizing and selling under an execution against John Gr. McCormick, a railroad truck claimed by the plaintiff to be his property.
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Error to the Court of Common Pleas of Indiana county: No. 158 to October and November Term 1868. This was an action of trespass, d. b. a., by James Truniek against Joseph R. Smith (sheriff), issued July 24th 1862, for seizing and selling under an execution against John Gr. McCormick, a railroad truck claimed by the plaintiff to be his property. The plaintiff gave evidence that about June 1st 1858 he had bought the truck from McCormick, who at that time lived in tAllegheny county but had previously lived in Indiana county, carried on the lumber business there, and had used the truck for…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
This is a close case, and its solution depends upon the nature of the property, and the character of the possession at the time of the sale by the sheriff. The leading points are, that McCormick, in a division of property between him and his partner, became *22the owner of a railroad truck, which they had been running on the Pennsylvania Railroad. McCormick took it to Homer Station, and left it, in October 1857, in the care of Mr. Wilson, an agent of the railroad company. It was placed on the siding, and remained there for…
2Cited by4 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- Wright v. Sterling Lando Co., Inc.Superior Court of Pennsylvania · 1945
- Maher v. Chapins Lunch Co.Superior Court of Pennsylvania · 1935
- In re Pennsylvania Co., Pennsylvania Department of Justice1922