Chaffee v. Sangston
Supreme Court of Pennsylvania
ERROR to the common pleas of Fayette county. Harvey Chaffee, one of the plaintiffs in error, being the defendant in a writ of replevin sued out of the court of common pleas of Fayette county at the suit of Hamilton Stewart, and directed and delivered to John‘Sangston, then high sheriff of said county, in due form of law to be executed, claimed property in the goods mentioned in the writ, when the sheriff came to execute it; and that he might retain the possession of the…
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ERROR to the common pleas of Fayette county. Harvey Chaffee, one of the plaintiffs in error, being the defendant in a writ of replevin sued out of the court of common pleas of Fayette county at the suit of Hamilton Stewart, and directed and delivered to John‘Sangston, then high sheriff of said county, in due form of law to be executed, claimed property in the goods mentioned in the writ, when the sheriff came to execute it; and that he might retain the possession of the goods under such claim, on the 18th September 1832, with the other plaintiffs in error as his sureties, executed a bond to…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
As to the question raised by the first error, it would seem to be inferrible, from the plea put in by the defendant’s counsel below, that it was not made there at all, and has been laid hold of, for the first time, by the counsel employed to attend to the case here. For under the second plea, it is perfectly clear that no such question could arise; and, indeed, it may well be doubted, whether such plea be applicable to the cause of action, as set out in the declaration of the plaintiff below, or could be made so under any circumstances…
2Cases cited1 opinion
- Easton v. WorthingtonSupreme Court of Pennsylvania · 1819
3Cited by8 opinions
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Bain v. LyleSupreme Court of Pennsylvania · 1871
- Fisher v. WhoollerySupreme Court of Pennsylvania · 1855
- Moore v. ShenkSupreme Court of Pennsylvania · 1846
- Insurance Co. v. SeitzSupreme Court of Pennsylvania · 1842
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