Keyser's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Eranklin county. A fi. fa. was issued on the judgment of Richards vs. Garlin, issued 3d April, 1849, returnable on the 9th of April. On the same day, but subsequently, another execution was issued in favor of Keyser, returnable also on the 9th April. A third execution issued on the 10th April, returnable to the August term, in favor of The Bank of Chambersburg.
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Appeal from the decree of the Court of Common Pleas of Eranklin county. A fi. fa. was issued on the judgment of Richards vs. Garlin, issued 3d April, 1849, returnable on the 9th of April. On the same day, but subsequently, another execution was issued in favor of Keyser, returnable also on the 9th April. A third execution issued on the 10th April, returnable to the August term, in favor of The Bank of Chambersburg. On the two first of these writs, it was indorsed by the attorney of the plaintiffs, “levy at the risk of the plaintiff.” On the third execution, was indorsed, “ the levy made by…
1Opinion of the Court
The opinion of the court was delivered by
Ro&ers, J.
It seems to be conceded by the learned judge who ruled this case, that the execution of Dr. J. C. Richards was postponed in favor of subsequent execution creditors. Indeed it is difficult to come to a different conclusion. It appears in evidence that by an agreement between Richards and Grarlin, the defendant in the execution, the result of a previous understanding, that the store, on which his levy was made, was to be left open, and that the clerk of the defendant was to sell the goods in the same way as before the levy. Richards indorsed on…
2Cases cited3 opinions
- Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
- Eberle v. MayerSupreme Court of Pennsylvania · 1829
- Doty v. TurnerNew York Supreme Court · 1811
3Cited by3 opinions
- Stroudsburg Bank v. MillerSupreme Court of Pennsylvania · 1889
- Duane v. MierckenSupreme Court of Pennsylvania · 1807
- Willis Motor Car Co. v. Lasser, Pennsylvania Court of Common Pleas, Dauphin County1927