O'Donnell v. Mullin
Supreme Court of Pennsylvania
Error to the Common Pleas of Butler county. This was an action of replevin by Richard Mullin against John O’Donnell to recover a dun mare. The defendant pleaded property, and to support it gave in evidence a suit brought against the plaintiff before a justice of the peace on the 4th May, 1855, to appear on the 10th, and on that.day the cause continued to the 19th of the same month.
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Error to the Common Pleas of Butler county. This was an action of replevin by Richard Mullin against John O’Donnell to recover a dun mare. The defendant pleaded property, and to support it gave in evidence a suit brought against the plaintiff before a justice of the peace on the 4th May, 1855, to appear on the 10th, and on that.day the cause continued to the 19th of the same month. On the 13th of May Richard 'Mullin drew up a paper and signed it, agreeing.to confess judgment to the plaintiff for the sum of $77.50. The plaintiff in the suit, signed beneath this agreement an acceptance. This…
1Opinion of the Court
*202The opinion of the court was delivered by
Black, J.
If a justice of the peace issues execution on a judgment within the time allowed for an appeal, and the appeal is taken afterwards, it is the duty of the justice to revoke the execution.
When the justice notifies the constable that an appeal has been entered, and the execution superseded, the constable is bound to return the execution and proceed no further upon it.
If the constable persists in selling the defendant’s property under an execution thus superseded, he is a trespasser as much as if he had no process at all in his hands.
The appeal…
2Cited by2 opinions
- Winchester v. RichSuperior Court of Pennsylvania · 1909
- Kramer v. WellendorfSupreme Court of Pennsylvania · 1887