Deal v. Bogue
Supreme Court of Pennsylvania
Appeal from the District Court, Philadelphia. This was an action of trespass by Thomas Bogue v. William Deal, Thomas Tustin, and Thomas J. Jeffries. Deal was the sheriff of Philadelphia county, Tustin was his deputy, and Jeffries was the plaintiff in the execution hereinafter mentioned. The action was brought for seizing and selling certain personal property, viz., horses and carriages, on an execution in favor of Jeffries against Samuel Archer.
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Appeal from the District Court, Philadelphia. This was an action of trespass by Thomas Bogue v. William Deal, Thomas Tustin, and Thomas J. Jeffries. Deal was the sheriff of Philadelphia county, Tustin was his deputy, and Jeffries was the plaintiff in the execution hereinafter mentioned. The action was brought for seizing and selling certain personal property, viz., horses and carriages, on an execution in favor of Jeffries against Samuel Archer. It was alleged in the declaration, that the defendant seized and unlawfully converted the goods of the plaintiff. Bogue and Archer had been partners…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
It is established by the verdict, that the goods levied on by the sheriff were partnership property; that they belonged not to Archer, the defendant in the execution, but to Bogue & Archer, as partners in the livery stable business.
The defendants on the trial asked the Court to say, that if, at the time of the levy, the property levied on was the joint property of Bogue & Archer, the plaintiff cannot recover. The Court declined to give such instruction; but ruled,
1st. That the sheriff, though he had a right to seize and make an inventory,…
2Cited by7 opinions
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- Shane v. Gulf Refining Co.Superior Court of Pennsylvania · 1933
- Morrison v. NippleSuperior Court of Pennsylvania · 1909
- Dengler v. BuettnerSupreme Court of Pennsylvania · 1889
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