Kichline v. Lobach
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 53 July Term 1889, Sup. Ct.; court below No. 19 December Term 1886, C. P. On November 5, 1886, John Kichline took an appeal from a judgment obtained against him before a justice of the peace by Wm. S. Lobach, in an action of trespass which Lobach had brought against him, as constable, for selling a certain wagon as the property of one John Mertz, which wagon Lobach claimed to own.
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ERROR TO THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 53 July Term 1889, Sup. Ct.; court below No. 19 December Term 1886, C. P. On November 5, 1886, John Kichline took an appeal from a judgment obtained against him before a justice of the peace by Wm. S. Lobach, in an action of trespass which Lobach had brought against him, as constable, for selling a certain wagon as the property of one John Mertz, which wagon Lobach claimed to own. The wagon originally belonged to Mertz and was in the custody of one Jacob Hoffman as bailee. On August 30, 1886, Mertz sold it to William Fenner, who…
1Opinion of the Court
Opinion,
Me. Justice Clark:
This is an action of trespass., brought by William S. Lobach against John Kichline, a constable, for seizing and selling, on *301an execution against one John Mertz, a certain carriage, or piano-box wagon, claimed to be the property of the plaintiff. The carriage, it is admitted, originally belonged to Mertz, but the plaintiff’s contention is, that Mertz sold it to William H. Fenner, -who afterwards and some time prior to the levy sold it to William S. Lobach. The carriage from the first, and until the constable’s seizure, was in the custody of Jacob Hoffman, who had it…
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