Allen v. Allen

Supreme Court of Pennsylvania

Allen v. Allen

2 Pen. & W. 166

DecidedSeptember 15, 1830

StatusPublished

This text of 2 Pen. & W. 166 (Allen v. Allen) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Allen, 2 Pen. & W. 166 (Pa. 1830).

Pincite

Opinion

Per Curiam.

There was clearly no hiring for a definite time, to constitute the defendant a temporary owner, which was necessary to entitle him to the increase. The transaction was a letting of pasture, in consideration of services to be rendered by the animal depastured, a contract altogether different from that of hiring. The plaintiff could, at any time, have taken the animal away without the consent of the defendant who was a naked bail-lee He was therefore not entitled to the direction which he required, and it was not error to withhold it.

Judgment affirmed.

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Per Curiam.

There was clearly no hiring for a definite time, to constitute the defendant a temporary owner, which was necessary to entitle him to the increase. The transaction was a letting of pasture, in consideration of services to be rendered by the animal depastured, a contract altogether different from that of hiring. The plaintiff could, at any time, have taken the animal away without the consent of the defendant who was a naked bail-lee He was therefore not entitled to the direction which he required, and it was not error to withhold it.

Judgment affirmed.

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Bluebook (online)

2 Pen. & W. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-allen-pa-1830.