Frisch v. Miller
Supreme Court of Pennsylvania
In error from the Common Pleas of Clinton. May 27. This was an action, by the late sheriff, on a bond to redeliver goods seized in execution, which was given under the stay law of 1842. On the trial, he gave in evidence a judgment against Frisch, on which a fi. fa. issued, and the present plaintiff returned levied on certain specified personal property.
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In error from the Common Pleas of Clinton. May 27. This was an action, by the late sheriff, on a bond to redeliver goods seized in execution, which was given under the stay law of 1842. On the trial, he gave in evidence a judgment against Frisch, on which a fi. fa. issued, and the present plaintiff returned levied on certain specified personal property. On this a vend. exp. issued, to which he returned that he had exposed the property, but it did not sell for two-thirds of its appraised value; and a schedule with an appraisement. This recited that the undersigned had been summoned to…
1Opinion of the CourtCoulter, J.
The act of Assembly of 16th July, 1842, requires the sheriff to return a schedule of the property levied upon by virtue of the writ of fieri facias, and if it did not Sell for two-thirds of its appraised value, according to the said schedule, to deliver it back to the defendant in the execution upon his complying with the conditions mentioned in the said act. In the case at bar, the sheriff did not have the property appraised on the writ of fi. fa., but returned a levy on the property therein described. The plaintiff issued a writ of vend, exponas, upon which an appraisement was returned, in…
2Cases cited1 opinion
- Beale's Executors v. Commonwealth ex rel. WorrellSupreme Court of Pennsylvania · 1824