Commonwealth ex rel. Knight v. Allen
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of debt upon the official bond of Samuel Allen, as sheriff of the county of Philadelphia. The breach assigned was a failure to return a fieri facias placed in his hands, and default in selling the property seized under the Writ.
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Error to the District Court of Philadelphia. This was an action of debt upon the official bond of Samuel Allen, as sheriff of the county of Philadelphia. The breach assigned was a failure to return a fieri facias placed in his hands, and default in selling the property seized under the Writ. The firm of C. P. Knight & Co. recovered a judgment in the Supreme Court against William McGuire, for $807.85; and, on the 5th December 1853, they issued a fi. fa. upon this judgment, .and placed the same in sheriff Allen’s hands. Under this writ, the sheriff levied upon a leasehold interest for life, and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.,
who, after stating the facts of the case, continued as follows:—
Undoubtedly the sheriff was in default, and the plaintiffs were therefore entitled to a verdict. But for how much ? The learned judge of the District Court instructed the jury that if they believed the goods sold were the same levied upon, the damages ought to be nominal. In this we perceive no error. Clearly, if the same goods were sold which the sheriff had seized in December 1853, as the jury have founds then Knight & Co. have sustained no injury for which the sheriff is…
2Cases cited1 opinion
- Schuylkill Navigation Co. v. HarrisSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Dunkel v. DatesmanSupreme Court of Pennsylvania · 1889
- Kunselman v. StineSupreme Court of Pennsylvania · 1897