Richard v. Allen
Supreme Court of Pennsylvania
error to the court oe common pleas oe warren COUNTY. No. 147 January Term 1886, Sup. Ct.; court below, No. 45 # December Term 1883, C. P. This was an action in trespass vi et armis begun in tbe court below on September 22,1883, by J. J. Richard and S. J. Conquer against E. A. Allen.
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error to the court oe common pleas oe warren COUNTY. No. 147 January Term 1886, Sup. Ct.; court below, No. 45 # December Term 1883, C. P. This was an action in trespass vi et armis begun in tbe court below on September 22,1883, by J. J. Richard and S. J. Conquer against E. A. Allen. Tbe defendant, as tbe sheriff of Warren county, bad levied upon and sold certain personal property as tbe property of tbe firm of Sargent & Holt, drillers of oil wells, which property tbe plaintiffs claimed bad been purchased by them at a constable’s sale upon executions against R. H. Sargent and David Holt, tbe…
1Opinion of the Court
Opinion,
Mr. Chief Justice Gobdon :
We may admit for the purposes of this case, however doubtful the proposition, that a constable may levy an execution which he holds against an individual member of a firm, on his interest in the goods and assets of the partnership; yet, even with tins admission, the case in hand is by no means determined in favor of the plaintiffs in error. The constable’s levies were necessarily confined to the property of the individuals against whom they were issued, qua individuals, and his seizure of the goods of the firm was a trespass- and legally void. A partnership…
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