Baird v. Porter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 120, of October and November Term 1870. On the 9th of August 1869 Cephas Porter issued a replevin against Jeremiah Baird for five cattle. The sheriff returned: “ Replevied, &c. — Property bond entered by Jeremiah Baird and property retained by him.” The declaration was filed September 6th, and averred the taking of the cattle "in a “field then in possession of one James Porter.”
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Error to the Court of Common Pleas of Fayette county: No. 120, of October and November Term 1870. On the 9th of August 1869 Cephas Porter issued a replevin against Jeremiah Baird for five cattle. The sheriff returned: “ Replevied, &c. — Property bond entered by Jeremiah Baird and property retained by him.” The declaration was filed September 6th, and averred the taking of the cattle "in a “field then in possession of one James Porter.” On the 5th of November the defendant pleaded “Property in himself.” On the 4th of February 1870, after the jury was sworn, the defendant had leave to withdraw…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
This was an action of replevin in which the plaintiff in error was defendant in the court below. He gave the sheriff a claim-property bond, and retained the cattle for which the writ was issued. The plaintiff declared in the detinet — and the defendant pleaded property. After the jury was sworn he was allowed to withdraw his plea, and to avow for rent in arrear. The plaintiff demurred specially to the avowry; the court sustained the demurrer, and ordered the defendant to answer over. The defendant refused to plead further, and thereupon…
2Cited by3 opinions
- Pickering v. YatesSuperior Court of Pennsylvania · 1912
- Wensel v. ReedSuperior Court of Pennsylvania · 1947
- Swope v. CrawfordSuperior Court of Pennsylvania · 1901