Morrison v. Nipple
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1908, by plaintiff, from judgment of C. P. Huntingdon Co., Feb. T., 1906, No. 3, on verdict for defendant in case of Henrietta Morrison v. D. C. Nipple. Trespass for a wrongful sale of plaintiff’s goods.
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Appeal, No. 111, Oct. T., 1908, by plaintiff, from judgment of C. P. Huntingdon Co., Feb. T., 1906, No. 3, on verdict for defendant in case of Henrietta Morrison v. D. C. Nipple. Trespass for a wrongful sale of plaintiff’s goods. Shull, P. J., specially presiding, stated the facts to be as follows: The facts are, that a judgment was entered in the common pleas of Mifflin county in favor of Annie W. Hayes against B. E. Morrison, J. T. Caldwell and D. C. Nipple, upon which a fi. fa. was issued. The sheriff levied upon the personal property upon the premises occupied by B. E. Morrison and…
1Opinion of the Court
Opinion by
Henderson, J.,
Two considerations influenced the learned trial judge in entering judgment for the defendant non obstante veredicto: (1) that an action of replevin would be the proper remedy and *187(2) that the plaintiff waived her claim of property by her failure to proceed in accordance with the provisions of the Act of May 26, 1897 P. L. 95. The conclusion that trespass could not be maintained was arrived at on the assumption that the defendant was proceeded against as a purchaser at sheriff’s sale only and that by such purchase he did not become a trespasser; and Ward v. Taylor, 1…
2Cases cited11 opinions
- Burk v. HowleySupreme Court of Pennsylvania · 1897
- Nuding v. UrichSupreme Court of Pennsylvania · 1895
- Standen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- McMurtrie v. StewartSupreme Court of Pennsylvania · 1853
- Welsh v. CooperSupreme Court of Pennsylvania · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Adelman Et Ux. v. RosenbaumSuperior Court of Pennsylvania · 1938
- Shane v. Gulf Refining Co.Superior Court of Pennsylvania · 1933
- Breyer Ice Cream Co. v. RudleySuperior Court of Pennsylvania · 1933
- Liquid Carbonic Co. v. Shuster Gormley Co.Superior Court of Pennsylvania · 1916
- Anders & Jervis Motor Co. v. Gander, Pennsylvania Court of Common Pleas, Philadelphia County1941
1 more not listed; retrieve them via the Exa API.