Legal Opinion

McCallin v. Herzer

Supreme Court of Pennsylvania

Decided November 8, 1886Published

October Term, 1886, No. 176, W. D., before Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to Common Pleas No. 1 of Allegheny County to review a judgment on a verdict for plaintiffs in an action of trespass vi ei armis. The facts are stated in the opinion.

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October Term, 1886, No. 176, W. D., before Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to Common Pleas No. 1 of Allegheny County to review a judgment on a verdict for plaintiffs in an action of trespass vi ei armis. The facts are stated in the opinion. The court instructed the jury as follows: “For the present I shall instruct the jury that the plaintiffs have a right to recover, under the testimony offered in this case, and direct them to render a verdict for the plaintiffs, subject to the opinion of the court on the question of law reserved, to wit: whether under all the…

1Opinion of the Court

Opinion by

Mr. Justice Sterrett:

In the court below, the issue of fact was as to the ownership of certain flour attached, and sold by the sheriff as the property of Henry Hays & Company. To maintain the issue on their part, the plaintiffs introduced testimony tending to prove that the flour belonged to them, and not to the defendants in the attachment, and that, notwithstanding notice to that effect, was given to the sheriff, defendant below, he sold the flour as the property of* Henry Hays & Company. The defendant then gave in evidence the entire record of the attachment suit, showing the…

2Cases cited5 opinions

  1. Buckley v. Duff & SonsSupreme Court of Pennsylvania · 1886
  2. Ferguson v. WrightSupreme Court of Pennsylvania · 1869
  3. Inquirer Printing & Publishing Co. v. RiceSupreme Court of Pennsylvania · 1884
  4. Wilson v. Steamboat TuscaroraSupreme Court of Pennsylvania · 1855
  5. Irwin v. WickershamSupreme Court of Pennsylvania · 1855

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