Fitler v. Patton
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was an action of trespass brought by Price J. Patton against Daniel Fitler, sheriff, and Benjamin F. Hedges, for taking the plaintiff’s goods.
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ERROR to the District Court for the city and county of Philadelphia. This was an action of trespass brought by Price J. Patton against Daniel Fitler, sheriff, and Benjamin F. Hedges, for taking the plaintiff’s goods. The plaintiff, Patton, proved an assignment to him by John C. Hopewell, a hatter, dated the P7th September 1839, of all his property consisting of hats, caps, áre. in a store, in trust for the payment of creditors, recorded on the 18th September 1839, and that these hats, caps, áre. were sold by the sheriff on the 12th October 1839, after the plaintiff had taken possession as…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The third error assigned is the only one which requires special notice; for as to the remaining errors, that is, the first, second, fourth and fifth, it is sufficient to say that we think .there is nothing in them.
The question presented by the third error is, whether in an action of trespass against a sheriff for taking and selling the goods of the defendant, named in a writ of fieri facias, placed in his hands some days before the return thereof, it ought to be presumed that the seizure of the goods was made before the writ became…
2Cases cited1 opinion
- Hartwell v. RootNew York Supreme Court · 1822
3Cited by3 opinions
- McGinnis v. PriesonSupreme Court of Pennsylvania · 1877
- Commonwealth v. WegleinSuperior Court of Pennsylvania · 1941
- Paxson's AppealSupreme Court of Pennsylvania · 1865