Tarbox v. Hays
Supreme Court of Pennsylvania
ERROR to the common pleas of Warren county. Edmund Adams and Elias Hays against Asa P. Tarbox and David Gress. This was an action of replevin, for twenty-four thousand feet of boards and two thousand shingles. It was admittted that the plaintiffs had been the original owners of the property.
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ERROR to the common pleas of Warren county. Edmund Adams and Elias Hays against Asa P. Tarbox and David Gress. This was an action of replevin, for twenty-four thousand feet of boards and two thousand shingles. It was admittted that the plaintiffs had been the original owners of the property. The defendants then gave in evidence, the transcript of a judgment of a justice of the peace, at the suit of Tar-box against Adams and Hays, for 52 dollars, an execution thereupon and a levy and sale of the property in dispute to Tarbox. The plaintiffs offered in evidence, the original summons issued by…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.’
This is an action of replevin, for a quantity of boards and shingles, in which, the plaintiffs showed that they were the original owners of the property. The defendants claimed under a sale of the property by the constable, on an execution issued by a magistrate, upon a judgment recovered before him, in July 1831, by the defendant, Tarbox, against the plaintiffs, Adams and Hays. The plaintiffs in reply, allege, that the judgment was obtained without service of process or notice, and, therefore, the proceedings must be deemed a nullity, and…
2Cases cited7 opinions
- Shumway v. StillmanNew York Supreme Court · 1831
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
- Holbrook v. MurrayNew York Supreme Court · 1830
- Shearick v. HuberSupreme Court of Pennsylvania · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
- Williams v. BallTexas Supreme Court · 1879
- McDonald v. SimcoxSupreme Court of Pennsylvania · 1881
- Lengert v. ChaninelSupreme Court of Pennsylvania · 1904
- Drabant v. CureSupreme Court of Pennsylvania · 1924
6 more not listed; retrieve them via the Exa API.