Korrallas v. Griffiths
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1918, by defendants, from judgment of C. P. Allegheny Co., July T., 1916, No. 1027, on verdict for plaintiff in case of Clara Kor'rallas v. Adam Griffiths. Trespass to recover damages for abuse of civil process in the procuring of a wrongful levy and sale of goods.
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Appeal, No. 40, April T., 1918, by defendants, from judgment of C. P. Allegheny Co., July T., 1916, No. 1027, on verdict for plaintiff in case of Clara Kor'rallas v. Adam Griffiths. Trespass to recover damages for abuse of civil process in the procuring of a wrongful levy and sale of goods. Before Davis, J. The facts are stated by Davis, J., as follows: “The defendant issued a writ of fi. fa. on a judgment against one Peter Markos and gave the sheriff written •directions where to make his levy on the goods of the defendant in the writ. The sheriff proceeded to the place to make the levy and…
1Opinion of the Court
Opinion by
Trexler, J.,
The sheriff, at the direction of Griffiths, levied upon the property of Clara Korrallas, the plaintiff in this suit. She was not the defendant in the execution and at the time of the levy asserted that the property taken was her property, and not that of the defendant. Notwithstanding her claim, the sheriff was directed to proceed. The present suit was brought to recover damages for the illegal levy.
Two questions are presented for our consideration. The first is, “Can the plaintiff, owner of goods and chattels levied upon under an execution against another person,…
2Cases cited2 opinions
- Siegel v. Netherlands Co.Superior Court of Pennsylvania · 1915
- Liquid Carbonic Co. v. Shuster Gormley Co.Superior Court of Pennsylvania · 1916
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- Robert F. Jennings v. Arthur Shuman, Jr., Robert J. Conway, Gustave Naring, and John DoeCourt of Appeals for the Third Circuit · 1977
- Morphy v. ShipleySupreme Court of Pennsylvania · 1945
- B. Cohen & Sons Caterers, Inc. v. New Plan Realty Trust (In Re B. Cohen & Sons Caterers, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Egnal v. Friedman, Pennsylvania Court of Common Pleas, Philadelphia County1969
- Moyerman v. HaleCourt of Appeals for the Third Circuit · 1936
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