Legal Opinion

Wilson v. Ellis

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 1 opinion

Error to the Common Pleas of Schuylkill county. This was an action of trespass, vi et armis, by Henry Ellis against Henry Wilson and Moses Strouse. Strouse recovered a judgment against Ellis in April, 1853, for $99, before a justice of the peace, upon which an execution was issued and put into the hands of Henry Wilson, a constable. Under this execution Wilson levied on two horses, a stage, a sleigh, and some harness, as the property of Ellis.

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Error to the Common Pleas of Schuylkill county. This was an action of trespass, vi et armis, by Henry Ellis against Henry Wilson and Moses Strouse. Strouse recovered a judgment against Ellis in April, 1853, for $99, before a justice of the peace, upon which an execution was issued and put into the hands of Henry Wilson, a constable. Under this execution Wilson levied on two horses, a stage, a sleigh, and some harness, as the property of Ellis. At the time of making the levy, and on the day of sale, Ellis demanded an appraisement, and the benefit of the $300 exemption law. The constable…

1Opinion of the Court

The opinion of the court was delivered by

Knox, J.

Upon an execution issued by a justice of the peace, at the suit of Moses Strouse against Henry Ellis, constable Wilson levied upon the personal property of Ellis, and sold it without *240an appraisement, although a demand for an appraisement was duly made by the defendant in the execution. This action of trespass was brought to recover damages for seizing and selling the property, and the principal question presented for our consideration is: whether trespass is the proper remedy? We are of opinion that trespass will lie.

In some cases an act which…

2Cases cited2 opinions

  1. Allen v. CrofootNew York Supreme Court · 1830
  2. Hazard v. IsraelSupreme Court of Pennsylvania · 1808

3Cited by1 opinion

  1. Foster v. Mutual Guarantee Building & Loan Ass'nSupreme Court of Pennsylvania · 1938

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