Cohn v. Scheuer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1886, No. 66. Replevin of certain goods and chattels by Herman Scheuer and Isaac Scheuer, trading as Scheuer & Brother, against Philip J. Cohn and Adolph Hyman, assignee of Philip J. Cohn. Pleas, non cepit and property. The following is the record of the case as it appeared in the court below: Replevin value $461. Exit June 6th, 1884. Ret. 1 Mon.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term, 1886, No. 66. Replevin of certain goods and chattels by Herman Scheuer and Isaac Scheuer, trading as Scheuer & Brother, against Philip J. Cohn and Adolph Hyman, assignee of Philip J. Cohn. Pleas, non cepit and property. The following is the record of the case as it appeared in the court below: Replevin value $461. Exit June 6th, 1884. Ret. 1 Mon. July 1884. Replevied as commanded, summoned Philip J. Cohn and Adolph Hyman, property bond entered, property as replevied delivered to deft. 1886 February 18 Jury…
1Opinion of the CourtJustice Paxson
This case involves the power of the court below to amend its record: The action was replevin; value of the property $461. The sheriff returned: “Replevied as commanded. Summoned Philip J. Cohn and Adolph Hyman; property bond entered, property as replevied delivered to defendant.” The verdict as recorded was merely “ verdict for plaintiffs.” Such a verdict in replevin, with the property in the hands of the defendant, was an oversight or a blunder. It was of no practical use to the plaintiffs. The record shows that two days after the entry of judgment upon the verdict the plaintiffs took a rule…
2Cited by20 opinions
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- Hug v. HallSuperior Court of Pennsylvania · 1922
- Haller v. HallerSuperior Court of Pennsylvania · 1911
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