Slutter v. Kirkendall ex rel. Brown
Supreme Court of Pennsylvania
Error to the *Court of Common Pleas of Luzerne county: Of July Term 1881, No. 100. Feigned issue, wherein W. P. Kirkendall, sheriff, to the use of W. D. Brown and E. F. Brown, doing business as W. D. & E. F. Brown, was plaintiff, and Nautilus Slutter, Charles Kessler and T. J. Campbell were defendants, to try the question of the liability of the defendants upon a certain bond given by defendants to said Kirkendall, sheriff, on which judgment had been entered and opened.
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Error to the *Court of Common Pleas of Luzerne county: Of July Term 1881, No. 100. Feigned issue, wherein W. P. Kirkendall, sheriff, to the use of W. D. Brown and E. F. Brown, doing business as W. D. & E. F. Brown, was plaintiff, and Nautilus Slutter, Charles Kessler and T. J. Campbell were defendants, to try the question of the liability of the defendants upon a certain bond given by defendants to said Kirkendall, sheriff, on which judgment had been entered and opened. The order awarding the issue directed that the bond should stand as a declaration, and a plea of payment to be entered on…
1Opinion of the CourtJustice Mercur
This suit was on a bond executed under the following circumstances. A fi. fa. in favor of the Browns against Slutter was put in the hands of the sheriff the latter part of March; a second fi. fa. against the same defendant in favor of Iiarvey was put in hands ‘ the fore part of April. Both executions were returnable on the second Monday of May then next. On the 30th of April, with both executions in his hands, the sheriff made a levy on the execution in favor of the Browns- upon personal property. Afterwards on the same day the court granted a rule to show cause why the judgment in favor of…
2Cases cited3 opinions
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- The People v. . ReederNew York Court of Appeals · 1862
- Sedgwick's AppealSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Commonwealth v. Wistar, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Clement v. CourtrightSuperior Court of Pennsylvania · 1898
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
- Commonwealth v. McNaughtSuperior Court of Pennsylvania · 1905