Wood v. Levis
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. Judgment entered September 18,1847, on a single bill and warrant of attorney, dated December 5, 1846, for $515. “ Eor the use of Samuel Mercer.” December 16, 1847; on motion of Mr. Darlington, and affidavit filed, rule to show cause why judgment shall not be opened. April 19, 1848; argued, and rule absolute.
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Error to the Common Pleas of Chester county. Judgment entered September 18,1847, on a single bill and warrant of attorney, dated December 5, 1846, for $515. “ Eor the use of Samuel Mercer.” December 16, 1847; on motion of Mr. Darlington, and affidavit filed, rule to show cause why judgment shall not be opened. April 19, 1848; argued, and rule absolute. June 21,1848; plaintiff files his narr. in two counts, on the bond of William Levis, dated December 5,1846, as set forth infra> assigning breaches in the non-payment of the purchase-money according to the conditions of sale, and the non-pavment…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The judgment in this case must be reversed. It
is fit, and proper, and every way conduces to public advantage, that judicial sales should be subject only to the terms which the law imposes. Neither sheriffs, nor any other ministerial officers, have power to make terms different from those prescribed by law. It is not certain whether the sheriff replied to the interrogatory put in the crowd, or whether it was some other person. But, if he did, he had no authority to make his answer obligatory upon one party or the other. He probably answered…
2Cited by1 opinion
- Commonwealth v. Ed. D. Schwem Co.Superior Court of Pennsylvania · 1918