Barley v. Beegle

Citations

• 29 Pa. Super. 635
• 1905 Pa. Super. LEXIS 396

Syllabus

<p>Replevin — Wrongful taking of property.</p> <p>In an action against a plaintiff in replevin, a recovery may be had where it is shown that the plaintiff in the replevin received from the sheriff goods seized under the writ, and with full knowledge that the goods were not the goods of the defendant in the replevin, but that they were the goods of the claimant, sold them and converted the proceeds to his own use.</p> <p>Evidence — Conflicting evidence — Province of court and jury.</p> <p>In an action of assumpsit if the evidence is direct, certain, presenting no question of credibility and leaving no sufficient ground for inconsistent inference of fact, the court may be asked to instruct the jury as to its legal effect. But if it is uncertain, if it depends on the credibility of witnesses, and. if there is room for drawing from it different inferences of fact, it must go to the jury. They must clear up doubts, settle questions of credibility, draw correct inferences and give full shape to findings of fact. This rule is applicable in an action for the keep of horses.</p>