Legal Opinion

Cromelien v. Brink

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 8 opinions

Error to the Common Pleas of Pike county. This was an action of replevin by Rowland Cromelien, and Amelia his wife, against Henry Dewitt and Archibald Brink, brought 10th April, 1854, for 216 oak logs, 88 pine logs, 1300 railroad ties, 65 pieces of ship timber, and 248 cords of bark, of the value of $1166.50. The sheriff returned, replevied, and upon a claim property bond given, property redelivered to defendants.

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Error to the Common Pleas of Pike county. This was an action of replevin by Rowland Cromelien, and Amelia his wife, against Henry Dewitt and Archibald Brink, brought 10th April, 1854, for 216 oak logs, 88 pine logs, 1300 railroad ties, 65 pieces of ship timber, and 248 cords of bark, of the value of $1166.50. The sheriff returned, replevied, and upon a claim property bond given, property redelivered to defendants. The defendants pleaded non ceperunt, property in Henry S. Mott, absque hoe, and property in defendants, absque hoe. The “Samuel Depue” tract of land was sold for.taxes by the…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.

1. The first question is too clear for argument. If any presumption of law be reasonable, it is that which favours *524the regularity of judicial proceedings until something else appears; and the greater the tendency to irregularity, the greater the necessity for violence of presumption against it. This is all that saves our records. The bond required in this case was given. The court ought to have approved it. Without such action, the acknowledgment of the deed was improper; and before convicting the judges of impropriety, some evidence is…

2Cases cited7 opinions

  1. Cornell v. MoultonNew York Supreme Court · 1846
  2. Weeks v. HullSupreme Court of Connecticut · 1849
  3. Powell v. SmithSupreme Court of Pennsylvania · 1833
  4. People ex rel. Collier v. Sheriff of BroomeNew York Supreme Court · 1838
  5. President of the Portland Bank v. President of the Maine BankMassachusetts Supreme Judicial Court · 1814

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3Cited by8 opinions

  1. Pomeranz v. MoreCity of New York Municipal Court · 1946
  2. Justice v. MeekerSuperior Court of Pennsylvania · 1906
  3. In re BabjakDistrict Court, W.D. Pennsylvania · 1914
  4. Landa v. AdamsNew Jersey Superior Court Appellate Division · 1978
  5. Governor's Approval of Legislation, Pennsylvania Department of Justice1974

3 more not listed; retrieve them via the Exa API.

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