Rockey v. Burkhalter
Supreme Court of Pennsylvania
March 21st 1871. Before Thompson,C. J., Read, Asnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 452, to January Term 1870. On the 9th of February 1869, John Rockey brought an action of trover against Erwin Burkhalter, for a large number of hides alleged to belong to the plaintiff, which he averred the defendant had converted to his own use. The defendant pleaded the general issue.
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March 21st 1871. Before Thompson,C. J., Read, Asnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 452, to January Term 1870. On the 9th of February 1869, John Rockey brought an action of trover against Erwin Burkhalter, for a large number of hides alleged to belong to the plaintiff, which he averred the defendant had converted to his own use. The defendant pleaded the general issue. The case was tried February 17th 1870, before Hare, P. J. On the trial, after the plaintiff had submitted his case, the defendant offered the record of an action…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
On the 1st of February 1869, John Roekey brought an action of replevin against Erwin Burkhalter, in the Common Pleas of Lehigh county, to April Term 1869, No. 48, and the return of the sheriff was “ summoned the defendant February 4th 1869; February 13th 1869, property claimed and bond entered by defendant Erwin Burkhalter, and property left to remain in his hands,” by which the plaintiff’s property in the goods was absolutely gone.
On the 9th of February 1869, the same plaintiff commenced an action of trover and conversion, in the District…
2Cases cited1 opinion
- Hurst v. CookNew York Supreme Court · 1838
3Cited by2 opinions
- Reber v. SchroederSupreme Court of Pennsylvania · 1908
- Swope v. CrawfordSuperior Court of Pennsylvania · 1901