Legal Opinion

Lewis v. Smith

Supreme Court of Pennsylvania

Decided December 30, 1815PublishedCited by 19 opinions

ACTION on the case for money had and received, &c. brought by William Lewis, Esq. against John Smith, marshal of the United States, for the district of Pennsylvania, to recover the proceeds of the sale of certain goods taken in execution and sold by the defendant, by virtue or under co-lour of a ji. fa. issued from the Circuit Court of the United States, in the name of Escaralté, plaintiff, agaiflst Thomas Fitzsimmons, defendant.

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ACTION on the case for money had and received, &c. brought by William Lewis, Esq. against John Smith, marshal of the United States, for the district of Pennsylvania, to recover the proceeds of the sale of certain goods taken in execution and sold by the defendant, by virtue or under co-lour of a ji. fa. issued from the Circuit Court of the United States, in the name of Escaralté, plaintiff, agaiflst Thomas Fitzsimmons, defendant. The circumstances were as follows : By an agreement between Benjamin Fuller and Thomas Fitzsimmons, an amicable action in cáse was entered in this Court, as of…

1Opinion of the Court

Tilghman C. J.

The defendant contended in the first place, that the plaintiff had shewn no right to the goods of Fitzsimmons; and, in the second place, that he (the defendant) was authorised to sell them, and pay the proceeds to Fscaraltc, by virtue of the ft-fa. issued in his name. It will be necessary, therefore, to state the title both of the plaintiff and defendant. The plaintiff, who is executor of the last will and testament of Benjamin Fuller, deceased, gave in evidence a judgment in this Court for the said Fuller against Thomas Fitzsimmons, entered the 2d September 1799. This judgment…

2Cases cited1 opinion

  1. Young v. TaylorSupreme Court of Pennsylvania · 1809

3Cited by19 opinions

  1. Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
  2. Hauer's AppealSupreme Court of Pennsylvania · 1843
  3. Davidson v. ThorntonSupreme Court of Pennsylvania · 1847
  4. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833
  5. Tarbox v. HaysSupreme Court of Pennsylvania · 1837

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