Memphis, Clarksville, & Louisville Railroad v. Wilcox
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a foreign attachment in covenant by Warren Wilcox against The Memphis, Clarksville and Louisville Railroad Company, non-residents of Pennsylvania, and not within the county of Allegheny, nor having a place of business in the Commonwealth ; in which Clark & Thaw and The Pennsylvania Railroad Company were summoned as garnishees, having in their possession a lot of railroad iron belonging to defendants.
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Error to the District Court of Allegheny county. This was a foreign attachment in covenant by Warren Wilcox against The Memphis, Clarksville and Louisville Railroad Company, non-residents of Pennsylvania, and not within the county of Allegheny, nor having a place of business in the Commonwealth ; in which Clark & Thaw and The Pennsylvania Railroad Company were summoned as garnishees, having in their possession a lot of railroad iron belonging to defendants. The action was brought on articles of agreement between the parties, dated 10th December 1856, to recover a balance alleged to be due for…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— The first and second assignments of error present the same question; and that is, whether the estimates of the chief engineer are to be considered conclusive, precluding all other testimony on the same subject-matter, unless fraud or bad faith be shown on his part. The cases of The Monongahela Navigation Co. v. Fenlon, 4 W. & S. 205, and succeeding cases, amongst which are Faunce v. Burke & Gonder, 4 Harris 469, Snodgrass v. Gavit, 4 Casey 224, Lauman v. Young, Id. 306, McGrann v. North Lebanon Railroad Co., 5 Id. 82, in which the…
2Cases cited2 opinions
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
3Cited by7 opinions
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
- Illinois Central R. R. v. ManionCourt of Appeals of Kentucky · 1902
- Massman Construction Co. v. Lake Lotawana Ass'nMissouri Court of Appeals · 1948
- General Fireproofing Co. v. L. Wallace & SonCourt of Appeals for the Eighth Circuit · 1910
- Wing v. BradnerSupreme Court of Pennsylvania · 1894
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