Smyth v. Levy
Superior Court of Pennsylvania
Appeal, No. 91, October T., 1897, by plaintiffs, from order of O. P. No. 2, Phila. Co., Dec. T., 1896, No. 820, setting aside levy on an execution.
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Appeal, No. 91, October T., 1897, by plaintiffs, from order of O. P. No. 2, Phila. Co., Dec. T., 1896, No. 820, setting aside levy on an execution. Attachment under act of 1869. The following facts appeared from the record : On the 2d day of December, 1896, there was issued in court of common pleas, No. 2, as of September term, 1896, No. 320, a writ of attachment under the act of 1869, in favor of Isaac S. Smyth and John Field, trading as Young, Smyth, Field & Co. against Rosa Levy. By virtue of this writ of attachment the sheriff levied upon the goods and chattels of the said Rosa Levy,…
1Opinion of the Court
Opinion by
Porter, J.,
This appeal is taken from an order making absolute a rule to set aside the levy made under the fieri facias issued in the cause. The judgment as appears by the record, was properly entered. The fieri facias was regularly issued and delivered to the sheriff, in whose hands were funds arising from the sale of the defendant’s property under executions issued on confessed judgments. It cannot be doubted that under the authority of Sullivan v. Tinker, 140 Pa. 35, the fieri facias bound the fund in the sheriff’s hands. In that case it is said: “It is true the appellee’s…
2Cases cited2 opinions
- Phila. ex rel. Peters v. JenkinsSupreme Court of Pennsylvania · 1894
- Sullivan v. TinkerSupreme Court of Pennsylvania · 1891
3Cited by5 opinions
- Bernheimer v. StewartSuperior Court of Pennsylvania · 1913
- Blair Motor Car Co. v. Mervine, Pennsylvania Court of Common Pleas, Bedford County1944
- Fees v. ShadelSuperior Court of Pennsylvania · 1902
- First National Bank v. Jermyn, Pennsylvania Court of Common Pleas, Lackawanna County1947
- Menich v. Bizic, Pennsylvania Court of Common Pleas, Beaver County1921