Emley v. Drum
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Luzerne county. This was an action of assumpsit by Abram Drum, late sheriff of Luzerne county, for the use of Jacob Miller, against Anthony IT. Emley, to recover the amount of the defendant’s bid at a sheriff’s sale of the real estate of Samuel E. Hughes.
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Error to tbe Common Pleas of Luzerne county. This was an action of assumpsit by Abram Drum, late sheriff of Luzerne county, for the use of Jacob Miller, against Anthony IT. Emley, to recover the amount of the defendant’s bid at a sheriff’s sale of the real estate of Samuel E. Hughes. On the 4th December 1852, Jacob Miller obtained a judgment in the court below against Samuel E. Hughes for $242.50, payable in nine annual instalments. ' To April Term 1854, a fieri facias was issued on this judgment, under which -Hughes’s real estate was levied on and condemned; and on the 5th August 1854, the…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
There is nothing in the first error assigned, for the defects, if any in the inquisition, could not be taken advantage of in this action, and the alias fi. fa. was authorized by the judgment upon which it was issued. The defendant in that judgment *125neither complained of it, nor objected to it, nor to the executions nor to the sales under them.
With regard to the second error assigned,' we think that the court erred in saying there was no formal return to the venditioni exponas by the sheriff, it appearing that there was a return signed “A. Drum,…
2Cases cited2 opinions
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Dewar v. SpenceSupreme Court of Pennsylvania · 1837
3Cited by7 opinions
- Hankin v. HankinSuperior Court of Pennsylvania · 1980
- Dickson v. McCartneySupreme Court of Pennsylvania · 1910
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
- Acker ex rel. Gray v. SnyderSupreme Court of Pennsylvania · 1915
- Calhoun v. Commercial Credit Corp., Pennsylvania Court of Common Pleas, Bedford County1942
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