Elkins v. Griesemer
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Berks County. Replevin by William L. Elkins and William G. Warren, trading as William L. Elkins & Co., against Charles A. Z. Griesemer, to recover possession of a tank of petroleum.
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Error to tbe Court of Common Pleas of Berks County. Replevin by William L. Elkins and William G. Warren, trading as William L. Elkins & Co., against Charles A. Z. Griesemer, to recover possession of a tank of petroleum. The defendant filed a special plea avowing the taking, and setting up that he was appointed August 6th,-1877, by the Court of Common Pleas of Berks County, inspector of oils, etc., under the Act of May 15th, 1874; that he had filed his oath and bond; and “ that it was in the performance of his duties as inspector of oils, etc., as aforesaid, that he found the said tank,…
1Opinion of the Court
— Per Curiam:
There can be no doubt that the defendant was an officer, “ acting in his office under the authority of the State,” within the provision of the Act of April 3d, 1779,1 Sm., 470, and the writ of replevin, therefore, issued in this case, was irregular, erroneous, and void: Pott v. Oldwine, 7 Watts, 173. The plaintiff cannot set up that the seizure was illegal. His proper remedy was an action of trespass: Stiles v. Griffith, 3 Yeates, 82.
Judgment affirmed.
2Cases cited2 opinions
- Pott v. OldwineSupreme Court of Pennsylvania · 1838
- Stiles v. GriffithSupreme Court of Pennsylvania · 1800
3Cited by3 opinions
- York v. MarshallSupreme Court of Pennsylvania · 1917
- Cunningham v. Wilmerding BoroughSuperior Court of Pennsylvania · 1909
- Kohonovich v. Freed, Pennsylvania Court of Common Pleas, Northampton County1934