Shafner v. Gilmore
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Franklin county. Shafner & Co. against Gilmore & Davis. Amicable action, in which the following facts were stated in the nature of a special verdict:— A fieri facias at the suit of Shafner & Co. against James R. Kirby, was placed in the hands of the sheriff on the 5th of December 1840, in the morning, and a levy made on merchandise of the defendants, consisting of various goods, &c., all personal property.
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ERROR to the Common Pleas of Franklin county. Shafner & Co. against Gilmore & Davis. Amicable action, in which the following facts were stated in the nature of a special verdict:— A fieri facias at the suit of Shafner & Co. against James R. Kirby, was placed in the hands of the sheriff on the 5th of December 1840, in the morning, and a levy made on merchandise of the defendants, consisting of various goods, &c., all personal property. On the same day, in the evening, another fieri facias, at the suit of John Cree, was placed in the hands of the same sheriff, against James R. Kirby, and the…
1Opinion of the Court
The opinion of the Court was delivered by ■
Rogers, J.
By a fieri facias, which is a judicial writ, the sheriff is commanded to levy the debt or damages of the goods and chattels of the person against-whom the recovery is had, and have the money and the writ before the court on the return day. And although it has not been expressly adjudicated, yet it cannot be well doubted that the sheriff may seize the goods of the defendant before the return day of the writ, without any responsibility arising from the time they become the property of the debtor, whe*440ther before or after the execution was…
2Cited by7 opinions
- Second National Bank v. GilbertIllinois Supreme Court · 1898
- County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
- Bausman v. Eshleman, Pennsylvania Court of Common Pleas, Lancaster County1873
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1858
- Wilson, Sieger & Co's. AppealSupreme Court of Pennsylvania · 1850
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