Berwald v. Ray
Supreme Court of Pennsylvania
Appeal, No. 108, October Term, 1894, by plaintiff, from judgment of C. P. Venango Co., April Term, 1892, No. 64, on verdict for the defendant. Before Sterrett, C. J., Green, Williams, McCollum, Mitchell, Dean and Fell, JJ. Trespass against sheriff. Before Taylor, P. J. At the trial it appeared that an attachment under the fraudulent debtors’ act of 1869, was issued at the suit of L. & C. Wise against R. Berwald and B. Berwald, defendants.
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Appeal, No. 108, October Term, 1894, by plaintiff, from judgment of C. P. Venango Co., April Term, 1892, No. 64, on verdict for the defendant. Before Sterrett, C. J., Green, Williams, McCollum, Mitchell, Dean and Fell, JJ. Trespass against sheriff. Before Taylor, P. J. At the trial it appeared that an attachment under the fraudulent debtors’ act of 1869, was issued at the suit of L. & C. Wise against R. Berwald and B. Berwald, defendants. Under it the sheriff seized the goods claimed in the present action by B. Berwald, but which were then in the actual possession of R. Berwald. The bond…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was against the sheriff for selling the goods of the plaintiff under an execution against another person. The learned judge directed a verdict for the defendant, and this is the error assigned. L. & C. Wise caused an attachment under the act of March 17, 1869, to issue against R. Berwald and *194B. Berwald under which certain goods contained in a store conducted in the name of B. Berwald and claimed by him as his property were seized. A rule to dissolve the attachment was discharged, and a rule for judgment for want of a sufficient affidavit of defence was…
2Cases cited1 opinion
- Com. ex rel. Cord v. Magnolia Villa Land & Improvement Co.Supreme Court of Pennsylvania · 1894
3Cited by2 opinions
- Taylor v. SattlerSuperior Court of Pennsylvania · 1897
- Floyd v. AndersonSupreme Court of Oklahoma · 1912