Wilhelm v. Miley
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Lebanon county, in an action brought by Henry Wilhelm against Martin Miley, Jacob Kapp, and Valentine Shaufier, trustees under a domestic attachment which had been issued at the suit of Jacob Wentling against Francis School.
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In Error. ERROR to the Court of Common Pleas of Lebanon county, in an action brought by Henry Wilhelm against Martin Miley, Jacob Kapp, and Valentine Shaufier, trustees under a domestic attachment which had been issued at the suit of Jacob Wentling against Francis School. It appeared that the domestic attachment had issued, returnable to May Term, 1814, in the Court of Common Pleas of Lebanon county, and was returned by the sheriff, served, with a schedule annexed of the property attached : and on the 17th May, the defendants were appointed trustees and auditors according to the act of…
1Opinion of the Court
The Court,
without hearing the counsel for the defend-
ants, expressed their opinion, that the defendants should have been called before the Court of Common Pleas to settle their accounts, before an action at common law could be supported, and therefore, the evidence was properly rejected.
Judgment affirmed.
2Cited by2 opinions
- Gray v. BellSupreme Court of Pennsylvania · 1835
- Pollak v. GregoryThe Superior Court of New York City · 1861