Miller v. Commonwealth
Supreme Court of Pennsylvania
In error from the Common Pleas of Clinton. May 26. This was an action of debt against the sheriff and his sureties in an official bond.
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In error from the Common Pleas of Clinton. May 26. This was an action of debt against the sheriff and his sureties in an official bond. The plaintiff proved a judgment against Harvey and Fleming; a fi. fa. and return of «levied on a horse, wagon, sleigh, and clock.” ' He then proved that'prior to the delivery of the writ, he had called on the sheriff to make a levy on some lumber of the defendants, and informed him that it was claimed by a stranger, but that he might go on and plaintiff would give a bond of indemnity at any time before the day of sale. The sheriff was satisfied, and did not…
1Opinion of the CourtCoulter, J.
The rule is, that a sheriff must execute a writ of fieri facias at Ms peril. And in England it seems to be well settled that he cannot contradict his return for the purpose of relieving himself from the liability which the return imposes. Thus, where he returns — goods levied, with a schedule, — he assumes the responsibility that they belong to the defendant, and he will afterwards, as a general rule, be estopped from denying that they were such. It may in some cases be hard, but considerations of public policy outweigh and countervail all tenderness of that kind. The danger of collusion…
2Cases cited3 opinions
- Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841
- Spangler v. Commonwealth ex rel. MartinSupreme Court of Pennsylvania · 1827
- Hall v. GalbraithSupreme Court of Pennsylvania · 1839