Carmack v. Commonwealth ex rel. Boggs
Supreme Court of Pennsylvania
IN ERROR. THIS -was a case stated in the Common Pleas of Erie county, with liberty to either party to bring a writ of error; and the judgment of that court having been rendered against the defendants below, they brought this writ of error.
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IN ERROR. THIS -was a case stated in the Common Pleas of Erie county, with liberty to either party to bring a writ of error; and the judgment of that court having been rendered against the defendants below, they brought this writ of error. The material circumstances set forth in the case were these: In June 1805, a suit was brought in the Common Pleas of Erie against one Thomas Wilson, upon which judgment was obtained, and a fi. fa. issued to December 1806. This execution was levied upon one hundred barrels of salt as the property of - Wilson, which were claimed by Boggs and others as their…
1Opinion of the Court
Tilghman C. J.
This is an action against the sheriff and Bis securities on his official recognisance, for an injury sustained by his levying on the property of the plaintiffs, by virtue of an execution for John M'Koy v. James Wilson, after having received notice that the goods belonged to the plaintiffs,,and not to J. Wilson. Previous to the commencement of this suit; the plaintiffs had brought an action of trover against the sheriff, in which they obtained a verdict and judgment, hut received no satisfaction. There are two questions for the decision of this Court. 1. Whether the plaintiffs…
2Cited by24 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Lammon v. FeusierSupreme Court of the United States · 1884
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
- State ex rel. Gates v. FitzpatrickSupreme Court of Missouri · 1876
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