Legal Opinion

Hershey v. McLaughlin

Superior Court of Pennsylvania

Decided May 23, 1901No. Appeal, No. 84PublishedCited by 1 opinion

Appeal, No. 84, Feb. T., 1900, by defendants, from judgment of C. P. Lancaster Co., Aug. T., 1897, No. 97, on verdict for plaintiff, in ease of A. H. Hershey, for use of Howard H. Walker v. J. F. McLaughlin and Ellis Brown.

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Appeal, No. 84, Feb. T., 1900, by defendants, from judgment of C. P. Lancaster Co., Aug. T., 1897, No. 97, on verdict for plaintiff, in ease of A. H. Hershey, for use of Howard H. Walker v. J. F. McLaughlin and Ellis Brown. Scire facias to ascertain amount due on a judgment entered on a replevin bond containing a clause authorizing entry of judgment: Before Livingston, P. J. From the record it appeared that the property replevied was a horse, and that the bond on which suit was brought contained a clause authorizing confession of judgment. Defendants offered to prove, as a set-off, that…

1Opinion of the Court

Opinion by

Orlady, J.,

The effect of the condition in the replevin bond given by McLaughlin was that he should prosecute his suit with effect and without delay; and in the event of that trial being adverse to him, then to pay the damages assessed as the value of the property affected by the writ: Commonwealth v. Litvitz, 14 Pa. Superior Ct. 278. When he abandoned his claim on the trial of the action of replevin and suffered a voluntary nonsuit, it was a judgment against him, that determined the title of the property to be in Walker. On the trial of the scire facias on his replevin bond, the…

2Cases cited4 opinions

  1. Pennsylvania R. R. v. DavenportSupreme Court of Pennsylvania · 1893
  2. Clark v. Morss, Pennsylvania Court of Common Pleas, Wayne County1891
  3. Good v. GoodSupreme Court of Pennsylvania · 1836
  4. Commonwealth v. LitvitzSuperior Court of Pennsylvania · 1900

3Cited by1 opinion

  1. Commonwealth v. GouldSuperior Court of Pennsylvania · 1912

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