Connelly v. Walker
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Somerset county This was an action on the case, brought January 24th 1861, by Martin Connelly against Perry Walker, high sheriff of Somerset county, to recover damages for a false return. Under the ruling and instructions of the court below, there was a verdict and judgment in favour of the defendant; whereupon the plaintiff sued out this writ.
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ERROR to tbe Common Pleas of Somerset county This was an action on the case, brought January 24th 1861, by Martin Connelly against Perry Walker, high sheriff of Somerset county, to recover damages for a false return. Under the ruling and instructions of the court below, there was a verdict and judgment in favour of the defendant; whereupon the plaintiff sued out this writ. All the material facts of the case, and the errors assigned here by the plaintiff in error, will be found in the opinion of this court.
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
Connelly obtained judgment in the Common Pleas against James H. Benford, on the 20th February 1860, and on the same day issued a fi-fa., which the sheriff returned to the next April term, with $32.68 in money made thereon, and with a levy on “ ten hack horses and harness for the same, five hacks, and two sleds.” Before the return day of the writ, to wit, on 12th March 1860, Connelly gave the sheriff an indemnifying bond in $600, but he refused to sell the goods, and returned the fi. fa. with the levy endorsed as above stated. A vend. exp.…
2Cited by3 opinions
- Renn v. TallmanSuperior Court of Pennsylvania · 1904
- In re A. L. Robertshaw Mfg. Co.District Court, E.D. Pennsylvania · 1904
- Secretary of H.U.D. v. Sigler, Pennsylvania Court of Common Pleas, Lawrence County1974