Legal Opinion

Appeal of E. S. Jaffray & Co.

Supreme Court of Pennsylvania

Decided January 2, 1883PublishedCited by 5 opinions

Appeal from the Court of Common Pleas of Crawford county: Of January Term 1883, No. 99. This was an appeal of E. S. Jaffray & Co., from a decree of the Common Pleas of Crawford county, in the matter of the distribution of the proceeds of a sheriff’s sale of the personal property of De Forest Weld at the suit of George W. Trawin.

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Appeal from the Court of Common Pleas of Crawford county: Of January Term 1883, No. 99. This was an appeal of E. S. Jaffray & Co., from a decree of the Common Pleas of Crawford county, in the matter of the distribution of the proceeds of a sheriff’s sale of the personal property of De Forest Weld at the suit of George W. Trawin. The fund for distribution was paid into court by the sheriff, and W. R. Bole, Esq., was appointed Auditor to report distribution, who found the facts as follows : “De Forest Weld was a citizen of Jamestown in New York, and the lessee of a store and the owner of goods…

1Opinion of the CourtJustice Gordon

Able and ingenious as is the opinion of the learned judge of the court below, it has failed to convince us of the rectitude of the legal position which he therein assumes.

Tile question is a very simple one, and one upon which there is no real difference of authority; indeed, there can be none, so far as the state of Pennsylvania is concerned, for the whole matter is fixed and controlled by the provisions of the Act of Assembly. The question is, were the goods in controversy regularly seized by the sheriff of Crawford county on the writ of foreign attachment of Jaffray & Co.? If they were so…

2Cases cited1 opinion

  1. Trovillo v. TilfordSupreme Court of Pennsylvania · 1837

3Cited by5 opinions

  1. Rex v. Paramount Rubber Co. of New JerseySuperior Court of Pennsylvania · 1933
  2. In the Matter of Consolidated Container Carriers, Inc., Bankrupt. Maurice Stern, TrusteeCourt of Appeals for the Third Circuit · 1967
  3. Rice v. WalinsziusSuperior Court of Pennsylvania · 1900
  4. Munis v. OliverSuperior Court of Pennsylvania · 1903
  5. Parker v. RansleySuperior Court of Pennsylvania · 1923

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