Taylor v. Orndoff

Citations

• 70 Pa. Super. 385
• 1918 Pa. Super. LEXIS 258

Syllabus

<p>Estrays — Evidence—Record—Parties—Replevin.</p> <p>In an action of replevin to recover a stray horse which had been impounded, it is proper to exclude the record of a proceeding in the Common Pleas setting aside a judgment of a justice of the peace obtained under the Stray Act of April 13, 1807, offered by plaintiff for the purpose of showing that the impounding was illegal, where the record shows that the proceeding was against another person than the plaintiff in the replevin, and that what was done by the magistrate under the Act of 1807, was wholly coram non judice.</p> <p>Where an action of replevin has been brought to Secure possession of a horse which has strayed upon defendant’s inclosed lot, and been seized by the defendant to secure compensation for the damage it had done, the defendant may show that he had acquired a lawful' lien upon the horse, and that the owner could not recover possession of it with the consequent destruction of the defendant’s lien, except upon the conditions contemplated by See. 6 of the Act of April 19, 1901, P. L. 88.</p>