Fisher v. Whoollery
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Fayette county. This was an action of replevin, in which the jury found the following special verdict:— And now, to wit, January 9, 1855, a jury being duly empannelled, do find on their oaths that, on the day of the issue and execution of this writ of replevin, to wit, on the 18th of February, A. D. 1852, the property mentioned therein was the proper goods and chattels of the plaintiff, and that he had the right to the possession of the same, but…
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Error to tbe Common Pleas of Fayette county. This was an action of replevin, in which the jury found the following special verdict:— And now, to wit, January 9, 1855, a jury being duly empannelled, do find on their oaths that, on the day of the issue and execution of this writ of replevin, to wit, on the 18th of February, A. D. 1852, the property mentioned therein was the proper goods and chattels of the plaintiff, and that he had the right to the possession of the same, but that the defendant there held and debarred them from the possession of the said plaintiff; the jury further find that…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J. —
Replevin, in its inception, is a mixed action. It is a demand for the thing itself, and also for damages for the taking and detention. The defendant has his election to deliver the property on the writ, when the sheriff calls for it, or to retain it on giving security. If the property be delivered to the plaintiff, the defendant is answerable in damages for the taking and detention up to the time of delivery. If the property be retained, he is answerable, in addition, for the full value. In either case, the action thenceforth proceeds for…
2Cases cited1 opinion
- Chaffee v. SangstonSupreme Court of Pennsylvania · 1840
3Cited by8 opinions
- Armstrong & Latta v. City of PhiladelphiaSupreme Court of Pennsylvania · 1915
- Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
- Collins v. Bellefonte Central R. R.Supreme Court of Pennsylvania · 1895
- Beneficial Consumer Discount Co. v. HamlinSuperior Court of Pennsylvania · 1979
- Reber v. SchroederSupreme Court of Pennsylvania · 1908
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