Legal Opinion

Case v. L'Oeble

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided December 24, 1897No. 54PublishedCited by 2 opinions

This was an action of replevin to determine the title to a refrigerating' plant. All the defendants pleaded the general issue, and one of them (Frederick Albert L’Oeble) pleaded, in addition, property in himself. At the trial it appeared that Frank X. Rieger, the owner of a brewing plant, procured from the Case Refrigerating Machine Company, under an agreement dated 16th January, 1893, a refrigerating plant.

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This was an action of replevin to determine the title to a refrigerating' plant. All the defendants pleaded the general issue, and one of them (Frederick Albert L’Oeble) pleaded, in addition, property in himself. At the trial it appeared that Frank X. Rieger, the owner of a brewing plant, procured from the Case Refrigerating Machine Company, under an agreement dated 16th January, 1893, a refrigerating plant. The plant was attached to the freehold, to the extent necessary for its safe operation. Subsequently Rieger mortgaged the premises and the improvements thereon. No notice of the interest…

1Opinion of the Court

DALLAS, Circuit Judge.

Upon the trial of this case the presentation of evidence was not ‘concluded until about the hour of adjournment on the last day of the week assigned for jury trials; and, as there was no other case for trial, counsel, to relieve the jury from returning on the following Monday, waived discussion; but at the same time they submitted points for charge, to the number of five on behalf of the plaintiff, and ten on behalf of the defendant, which, together, covered six typewritten pages of foolscap paper. It was, under the circumstances, of course, not possible to answer the…

2Cases cited3 opinions

  1. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  2. Pullman's Palace-Car Co. v. HarkinsCourt of Appeals for the Third Circuit · 1893
  3. Baltimore & O. R. v. FrielCourt of Appeals for the Third Circuit · 1896

3Cited by2 opinions

  1. Borserine v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1940
  2. In re Erie Lithograph Co.District Court, W.D. Pennsylvania · 1919

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