Snyder v. Castor
Supreme Court of Pennsylvania
Motion for a rule to shew cause, why the levy and inquisition held undér the execution should not be set aside. The fieri facias was returnable to July term 1807, and was levied on 30 ■ acres, more or less, of land, situate near the Oxford road, eight miles from Philadelphia. The lands were condemned by an inquisition, taken in the city on Saturday the 25th July; but when the same was returned into the prothonotary’s office did not appear.
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Motion for a rule to shew cause, why the levy and inquisition held undér the execution should not be set aside. The fieri facias was returnable to July term 1807, and was levied on 30 ■ acres, more or less, of land, situate near the Oxford road, eight miles from Philadelphia. The lands were condemned by an inquisition, taken in the city on Saturday the 25th July; but when the same was returned into the prothonotary’s office did not appear. A bond had been given by the administrator to the sheriff, for the amount of the damages and costs, dated 30th September 1807, payable on the 14th November…
1Opinion of the Court
By the Court.
The objection urged against the present application is that it comes too late, and that there has been an acquiescence in the acts of the sheriff, so as to take the case out *446*of the late law. But we are far from being satisfied, that the fieri facias was returned in July term last; and unless this was the case, there is no ground for the objection. At all events, the sitting judge could not have set aside the levy. It is true, he might have stayed the proceedings, and granted rules preparatory to the final hearing. This however would not expedite the business, but would leave the…
2Cases cited1 opinion
- Kelly v. FosterSupreme Court of Pennsylvania · 1809
3Cited by1 opinion
- Swan v. SmithNevada Supreme Court · 1878