York v. Marshall

Citations

• 257 Pa. 503
• 101 A. 820
• 1917 Pa. LEXIS 766

Syllabus

<p>Replevin — Property seized by State officers — State veterinarian— Act of April S, 1779, 1 Sm. L. IfflO, Sec. 2.</p> <p>1. Under Section 2 of the Act. of April 3, 1779, 1 Sm. L. 470, a writ of replevin cannot lawfully be issued for the recovery of property seized by a public official, and where such writ has been issued against a State official, it will, on motion, be quashed.</p> <p>2. Where the State veterinarian, acting on behalf of the State Livestock Sanitary Board, broke into plaintiff’s premises and seized cattle suspected of having tuberculosis and removed the cattle and retained them in his possession, a writ of replevin was improperly issued for the recovery of such cattle, and was properly quashed on motion of defendant. In such case plaintiff’s remedy, if any, was by an action of trespass.</p>