Nagle v. Stroh
Supreme Court of Pennsylvania
■ERROR to the common pleas of Lebanon county. Jacob Nagle, sheriff, by virtue of a. fieri facias, at the suit of Jacob Frick against Jacob Heft., levied upon fifty barrels of whiskey, and other personal property in the possession of the defendant in the execution. When the levy was made, notice was given to the sheriff that the property belonged to William Stroh ; but he was indemnified by the plaintiff, and disregarded the notice.
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■ERROR to the common pleas of Lebanon county. Jacob Nagle, sheriff, by virtue of a. fieri facias, at the suit of Jacob Frick against Jacob Heft., levied upon fifty barrels of whiskey, and other personal property in the possession of the defendant in the execution. When the levy was made, notice was given to the sheriff that the property belonged to William Stroh ; but he was indemnified by the plaintiff, and disregarded the notice. An inventory of the goods levied on was made, under which this agreement was written. “ I do hereby promise and agree to deliver up the above mentioned articles…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
—When the sheriff lias duly seized goods, under a writ of fieri facias, he has such a special property in them as to enable him to maintain trespass or trover against any person who may take them out of his possession. And this remedy is necessary for the protection of the sheriff; for he is answerable to the plaintiff for the value of the goods taken under the fieri facias; and the defendant is discharged from the judgment, and all further execution, if the sheriff has taken goods to the amount of the debt, although he does not satisfy the…
2Cases cited1 opinion
- Insurance Co. of Pennsylvania v. KetlandSupreme Court of Pennsylvania · 1809
3Cited by4 opinions
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Baker County v. HuntingtonOregon Supreme Court · 1905
- Commonwealth ex rel. Hood v. VandykeSupreme Court of Pennsylvania · 1868
- Watmough v. FrancisSupreme Court of Pennsylvania · 1847