Legal Opinion

McGuire v. James

Supreme Court of Pennsylvania

Decided October 5, 1891No. 43PublishedCited by 7 opinions

No. 43 January Term 1891, Sup. Ct.; court below, No. 288 May Term 1888, C. P. On April 5, 1888, John McGuire brought replevin against John H. James, for a bay mare of the value of two hundred dollars. The defendant gave bond, was permitted to retain the mare, and pleaded non-cepit and property.

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No. 43 January Term 1891, Sup. Ct.; court below, No. 288 May Term 1888, C. P. On April 5, 1888, John McGuire brought replevin against John H. James, for a bay mare of the value of two hundred dollars. The defendant gave bond, was permitted to retain the mare, and pleaded non-cepit and property. At the trial, on January 17, 1890, the plaintiff introduced testimony to show that, in 1882, he bought two colts, one of which was the mare in suit, from his step-father Patrick Fox ; that at that time and afterwards, being over twenty-one years of age, he was employed on a railroad but made his home…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

In this action of replevin for a bay mare, valued at two hundred dollars, the defendant gave bond to the sheriff, and retained the property. On the trial, testimony was introduced by the plaintiff for the purpose of showing that in 1882 he in good faith bought two colts, one of which is the mare in controversy, from his step-father, Patrick Fox, in whose family he then and afterwards made his home; that he took charge of the colts, provided or paid for their feed, used them when he had occasion to do so, and continued to own, keep, and exercise the usual acts of…

2Cases cited3 opinions

  1. Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
  2. Crawford v. DavisSupreme Court of Pennsylvania · 1882
  3. Evans v. ScottSupreme Court of Pennsylvania · 1879

3Cited by7 opinions

  1. Weller v. MeederSuperior Court of Pennsylvania · 1896
  2. Gattle Bros. v. KrempSuperior Court of Pennsylvania · 1898
  3. Kinsley v. KinsleySuperior Court of Pennsylvania · 1923
  4. Nathenson v. CrosslandSuperior Court of Pennsylvania · 1913
  5. Quijada v. Unifrutti of America Inc., Pennsylvania Court of Common Pleas, Philadelphia County1991

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