Hammon v. Fisher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county. The facts arc fully and clearly stated in the following charge of the court below, Pearson, J. “ This action of trespass was brought by the plaintiff, against John Fox, late sheriff, and John A. Fisher, Esq., for seizing and carrying away his two rafts of logs. The sheriff died, pending the action, which is pursued against Fisher, the survivor.
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Error to the Court of Common Pleas of Dauphin county. The facts arc fully and clearly stated in the following charge of the court below, Pearson, J. “ This action of trespass was brought by the plaintiff, against John Fox, late sheriff, and John A. Fisher, Esq., for seizing and carrying away his two rafts of logs. The sheriff died, pending the action, which is pursued against Fisher, the survivor. The first question is, did the plaintiff own the rafts, or either of them ? If he owned either, the action could have been sustained against Fox, if he was on trial. If he owned both, the damages…
1Opinion of the Court
*334The opinion of the court was delivered July 16, 1856, by
Lowrie, J.
— This suit was evidently brought against the sheriff and the attorney, for the wrongful seizure of the plaintiff’s property, on an-execution; but as the attorney had no hand in the seizure, that ground of recovery fails, as against him. Now, when the suit comes to be tried, the sheriff is dead; and as the attorney happened to be the purchaser at the sheriff’s sale, and took away the property afterwards, the plaintiff changes his ground, and wishes to treat the removal of the property by the purchaser, as the wrong done to him.…
2Cited by3 opinions
- Ryer v. TurkelSupreme Court of New Jersey · 1908
- Gloss v. BlackSupreme Court of Pennsylvania · 1879
- Branson v. ShinnSupreme Court of New Jersey · 1832