Diehl v. Holben
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. This was an action of trespass on the case brought August 28th 1857, by Jacob Holben. against Benjamin Diehl, constable of Lowhill township, for selling the personal property of the plaintiff, on an execution which he held against him, in disregard of his demand for the benefit of the Exemption Law.
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Error to the Common Pleas of Lehigh county. This was an action of trespass on the case brought August 28th 1857, by Jacob Holben. against Benjamin Diehl, constable of Lowhill township, for selling the personal property of the plaintiff, on an execution which he held against him, in disregard of his demand for the benefit of the Exemption Law. The material facts of the case were these : — Jacob Zimmerman was the holder of a promissory note, dated June 15th 1853, for $50, executed by Jacob Holben, which note was afterwards endorsed to Joseph Wetherhold. On the 2d of August 1856 the note was put…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
Diehl had in his hands, as constable, an execution issued by Justice Weiss, at the suit of Joseph Wetherhold, against Jacob Holben, in virtue of which he levied on and sold a quantity of castings, scrap-iron, and household goods, and received as the proceeds of the sale $25.48. Holben then brought this action of trespass against Diehl for making the sale in disregard of his demand of the benefits of the Exemption Law, and he recovered in damages $153.32. Several points were taken on the trial, which are the subjects of the errors assigned,…
2Cited by4 opinions
- Maschke, Receiver v. O'BrienSuperior Court of Pennsylvania · 1940
- In re Le VayDistrict Court, M.D. Pennsylvania · 1903
- Bonwit Teller & Co. v. Gerstemeier, Pennsylvania Court of Common Pleas, Montgomery County1955
- Schock v. WaidelichSuperior Court of Pennsylvania · 1905