Legal Opinion

Garey v. Woodward

Supreme Court of Pennsylvania

Decided June 28, 1889No. 86PublishedCited by 1 opinion

ERROR TO THE COURT OF COMMON PLEAS OF SULLIVAN COUNTY. No. 86 January Term 1888, Sup. Ct.; court below, No. VI December Term 1888, G. P. Ou October 12, 1883, W. C. Garey brought trespass against N. K. Woodward to recover the value of 11,941 feet of hemlock lumber alleged to have been taken and sold by the defendant.

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ERROR TO THE COURT OF COMMON PLEAS OF SULLIVAN COUNTY. No. 86 January Term 1888, Sup. Ct.; court below, No. VI December Term 1888, G. P. Ou October 12, 1883, W. C. Garey brought trespass against N. K. Woodward to recover the value of 11,941 feet of hemlock lumber alleged to have been taken and sold by the defendant. At the trial on May 27, 1887, it was made to appear that in May, 1883, the plaintiff Garey bad brought replevin against one O. A. Seeley for 60,500 feet of hemlock lumber at Dusbore Switch, a shipping place. The defendant in the replevin declined to give a claim properly bond, and…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

In May, 1883, at suit of present plaintiff, W. C. Garey, against O. A. Seeley, a considerable quantity of lumber was *254replevied by the sheriff at Dushore Switch, and delivered to plaintiff in the writ. Issue was joined on a plea of property in N. K. Woodward, defendant in this suit, and the cause was' so proceeded in that a verdict in favor of the plaintiff was rendered and judgment entered thereon. That judgment was afterwards affirmed by this court, and Garey's title to the lumber was thus established: Seeley v. Garey, 109 Pa. 301.

It is claimed by plaintiff that…

2Cases cited1 opinion

  1. Seeley v. GareySupreme Court of Pennsylvania · 1885

3Cited by1 opinion

  1. Davis v. Tyee Industries, Inc.Oregon Supreme Court · 1983

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