Bowman v. Smiley
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action on the case by Robert Smiley against Jacob Bowman, the sheriff of Cumberland county, and Henry Saxton, for a refusal to hold an appraisement of the plaintiff’s property, under the exemption law of 1849, after a request made for that purpose. On the 3d November 1856, a fieri facias at the suit of Charles Shepley against Robert Smiley, was placed in the sheriff’s hands.
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Error to the Common Pleas of Cumberland county. This was an action on the case by Robert Smiley against Jacob Bowman, the sheriff of Cumberland county, and Henry Saxton, for a refusal to hold an appraisement of the plaintiff’s property, under the exemption law of 1849, after a request made for that purpose. On the 3d November 1856, a fieri facias at the suit of Charles Shepley against Robert Smiley, was placed in the sheriff’s hands. In the body of the judgment upon which this execution was issued, there was a waiver by the defendant of his right to retain the $300 allowed by the exemption…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The principal question presented by this record is, whether a sheriff, who has sold property under an execution founded upon a judgment in which the debtor has waived the benefits of the Exemption Act of April 9th 1849, is in fault for refusing an appraisement, and making the sale, after notice by the debtor that he claimed the benefits of the law.
It is difficult to perceive how the debtor can complain of any act which the law required the sheriff to do, or of any omission which he himself authorized. Notwithstanding the doubts which have…
2Cited by9 opinions
- Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
- Appeal of MillerSupreme Court of Pennsylvania · 1888
- Williams v. WengerSupreme Court of Pennsylvania · 1935
- Ansert v. Household Finance Corp., Pennsylvania Court of Common Pleas, Philadelphia County1940
- First National Bank v. Johnson, Pennsylvania Court of Common Pleas, Philadelphia County1951
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