Necker v. Sedgwick
Superior Court of Pennsylvania
Appeal, No. 197, April T., 1908, by defendant, from judgment of C. P. Erie Co., Feb. T., 1907, No. 35, on verdict for plaintiff in case of J. W. Necker v. P. S. Sedgwick. Trespass against a sheriff for refusal to sell goods levied upon. Before Thomas, P. J., specially presiding.
Read the full summary
Appeal, No. 197, April T., 1908, by defendant, from judgment of C. P. Erie Co., Feb. T., 1907, No. 35, on verdict for plaintiff in case of J. W. Necker v. P. S. Sedgwick. Trespass against a sheriff for refusal to sell goods levied upon. Before Thomas, P. J., specially presiding. At the trial defendant’s counsel offered to show that in the summer of 1905, W. H. Smith issued an execution upon a judgment amounting to $700 or $800, which he had against G. G. Thomas, and that all of the property, of every kind and nature, including the crops upon the farm, in which Mr. Thomas had any interest, or…
1Opinion of the Court
Opinion by
Henderson, J.,
At the trial of this case the defendant offered to show that the property levied on by him was not the property of the defendant in the execution, but of one Willis H. Smith, who was the sole and exclusive owner thereof. This offer was refused by the court and the jury was instructed that the defendant could not deny the ownership of the property in the defendant in the execution. This instruction was based on the interpretation given by the learned trial judge to the act of May 26, 1897, prescribing the procedure where goods or chattels are levied on by the sheriff…
2Cases cited2 opinions
- Book v. DaySupreme Court of Pennsylvania · 1899
- Commonwealth v. BurnsSuperior Court of Pennsylvania · 1900
3Cited by4 opinions
- Trainer v. SaundersSupreme Court of Pennsylvania · 1921
- Lamberton National Bank v. KinestonSuperior Court of Pennsylvania · 1934
- Liquid Carbonic Co. v. Shuster Gormley Co.Superior Court of Pennsylvania · 1916
- Wayne v. International Shoe Co., Pennsylvania Court of Common Pleas, Cambria County1932