Legal Opinion

Baldwin's Appeal

Supreme Court of Pennsylvania

Decided May 6, 1878PublishedCited by 3 opinions

Appeal from the Court of Common Pleas of Delaware county: Of January Term 1876, No. 111. Appeal of B. C. BaldAvin from the decree of the court, sustaining the exceptions to the report of the auditor appointed to distribute certain funds in the hands of a garnishee.

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Appeal from the Court of Common Pleas of Delaware county: Of January Term 1876, No. 111. Appeal of B. C. BaldAvin from the decree of the court, sustaining the exceptions to the report of the auditor appointed to distribute certain funds in the hands of a garnishee. On April 23d 1875, Richard L. Jones having two judgments against Samuel O. Bonsall, issued íavo Ayrits of attachment-execution upon them to attach six shares of stock in “ The Upper Darby Building and Loan Association.” These writs Avere placed in the hands of the sheriff at 8.25 and 8.30 P. M. respectively, upon the same day. On…

1Opinion of the CourtJustice Gordon

At common law a fieri facias had relation to its teste and bound the defendant’s goods from that time, so that if he sold them after-wards, they might still be taken in execution : Bob. Dig. 320. As this often worked great injustice to bona fide purchasers, the Act of Car. 2, ch. 3, provided, among other things, that a fieri facias, or other writ of execution, should bind the property or goods of the person against whom it issued, only from the time such writ should be delivered to the officer by whom it was to be executed, and he was required to endorse, upon the back thereof, the day of the…

2Cited by3 opinions

  1. Auto Building & Loan Ass'n v. HallSuperior Court of Pennsylvania · 1934
  2. Moore v. Third National BankSuperior Court of Pennsylvania · 1910
  3. Industrial Loan Corp. v. Thomashunas, Pennsylvania Court of Common Pleas, Luzerne County1931

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