Dornin v. McCandless
Pennsylvania Court of Common Pleas, Alleghany County
No. 61 October Term 1891, Sup. Ct.; court below, No. 785 March Term 1889, C. P. No. 1. To the first Monday of March, 1889, William Dornin brought trespass against Alexander iE. McCandless, sheriff of Allegheny county.
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No. 61 October Term 1891, Sup. Ct.; court below, No. 785 March Term 1889, C. P. No. 1. To the first Monday of March, 1889, William Dornin brought trespass against Alexander iE. McCandless, sheriff of Allegheny county. The plaintiff’s statement of claim, after reciting the recovery by the plaintiff of a judgment in the Court of Common Pleas of Westmoreland county against one Robert Carson, and the issuing of a testatum writ of fieri facias thereon to the defendant as sheriff of Allegheny county, averred that the said sheriff, in obedience to said writ, made a levy upon certain personal…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
The plaintiff issued a testatum fieri facias out of the Court of Common Pleas of Westmoreland county, directed to the defendant as sheriff of Allegheny county, and instructed him to levy upon certain personal property alleged by the plaintiff to belong to Carson, the defendant in the execution. The sheriff levied upon the property referred to, but subsequently becom*354ing satisfied that Carson was not the owner, he abandoned the levy and returned his vrat nulla bona. It does not appear that he claimed to be indemnified, nor that indemnity was tendered him. This…
2Cases cited3 opinions
- Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841
- Commonwealth ex rel. Hood v. VandykeSupreme Court of Pennsylvania · 1868
- Miller v. CommonwealthSupreme Court of Pennsylvania · 1847
3Cited by6 opinions
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- Trainer v. SaundersSupreme Court of Pennsylvania · 1921
- Sherman v. Upton, Inc.South Dakota Supreme Court · 1976
- Phelps, Dodge & Palmer Co. v. SkinnerSupreme Court of Kansas · 1901
- Secretary of H.U.D. v. Sigler, Pennsylvania Court of Common Pleas, Lawrence County1974
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