McCracken v. Slemmer

Opinion by

Cunningham, J.,

Appellant was plaintiff below and there asserted as his cause of action that the sum of $65 was due him as one week’s wages for services rendered as a musician in a restaurant when the defendants, constables employed to execute a landlord’s distress warrant, levied upon the property therein; that he gave them written notice of his claim, (as required by the Act of April 9, 1872, P. L. 47; 43 PS §221, 222) prior to the sale, but they refused to pay him out of the proceeds the amount justly and legally due.

Neither the pleadings nor the circumstances and results of the…