Harker v. Addis
Supreme Court of Pennsylvania
In error from the Common Pleas of Philadelphia county. Feb. 19. The plaintiff issued a writ of replevin for goods of the value of $63, which was returned “Replevied, summoned, and delivered.” Defendant entered a rule of reference, and the report of ' the arbitrators was filed on the 26th of February, 1844, awarding “ that they find property in the defendant.” On the 18th of March, defendant appealed and conformed to all the requisites of the law, as to costs, affidavit, &c.
Read the full summary
In error from the Common Pleas of Philadelphia county. Feb. 19. The plaintiff issued a writ of replevin for goods of the value of $63, which was returned “Replevied, summoned, and delivered.” Defendant entered a rule of reference, and the report of ' the arbitrators was filed on the 26th of February, 1844, awarding “ that they find property in the defendant.” On the 18th of March, defendant appealed and conformed to all the requisites of the law, as to costs, affidavit, &c. In January, 1845, the appeal was struck off on motion, and a writ de retorno habendo issued.- The errors assigned were,…
1Opinion of the Court
Burnside, J.,
(after stating the first exception.)—The plaintiff below, who is plaintiff in error, has no legal ground to complain of this finding. The judgment in the report of the arbitrators, for the defendant, would warrant a writ de retorno habendo, if the plaintiff had had the property delivered to him by the sheriff on the replevin.
(His honour then stated the facts relative to the second exception, and that the court below struck off the appeal, because it had not been taken in time.) The Almanac show's that February, 1844, was leap year—February had twenty-nine days; and the Almanac…
2Cases cited1 opinion
- Sims v. HamptonSupreme Court of Pennsylvania · 1815
3Cited by5 opinions
- Appeal of LutzSupreme Court of Pennsylvania · 1889
- Gould v. LampleySuperior Court of Pennsylvania · 1973
- Walker v. HazenDistrict Court, District of Columbia · 1937
- Camac v. Reese, Pennsylvania Court of Common Pleas, Delaware County1925
- Commonwealth v. Roat, Pennsylvania Court of Common Pleas, Luzerne County1931