M'Bride v. Duncan
Supreme Court of Pennsylvania
This was an action of trespass brought by John M'Bride against Benjamin Duncan, Esq., High Sheriff of the City and County of Philadelphia, James G. Crozier, David Lewis, jr., Joseph Harper, and James Saunders, for taking and carrying away certain goods and chattels, (being the machinery of a Cotton Mill,) alleged to be the property of the plaintiff.
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This was an action of trespass brought by John M'Bride against Benjamin Duncan, Esq., High Sheriff of the City and County of Philadelphia, James G. Crozier, David Lewis, jr., Joseph Harper, and James Saunders, for taking and carrying away certain goods and chattels, (being the machinery of a Cotton Mill,) alleged to be the property of the plaintiff. The defendants first pleaded “ not guilty, with leave to give the special matter in evidence,” but afterwards obtained a rule to show cause why the general issue should not be withdrawn, and special pleas filed in its stead. This rule was made…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It has been contended that the matter of these pleas was not admissible under the general issue. The substance of the pleas is, that the plaintiff derives title to the goods from Wm. Linn, that they were the property of Linn at the time of the alleged trespass, and that the defendants took them under a judgment and execution against Linn. The whole matter of the defence might be given in evidence under the general issue; for that puts in issue the question of property, and if the facts averred in the pleas be true, the goods were not the…
2Cited by2 opinions
- Fisher v. MorrisSupreme Court of Pennsylvania · 1840
- Maiorana v. Sacchetti, Pennsylvania Court of Common Pleas, Northampton County1922