Berry v. Smith
U.S. Circuit Court for the District of Pennsylvania
At law. Case agreed. Judgment was entered in favour of the plaintiff, in the supreme court of Pennsylvania; and a fieri facias issued on the 1st of January 1811, and was delivered to the sheriff on the same day about twelve o’clock, with direction not to levy it, till further instructions. On the same day, the plaintiff’s counsel called at the house of the defendant, to inform him of the issuing of the execution,. and to request his taking immediate measures to discharge it.
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At law. Case agreed. Judgment was entered in favour of the plaintiff, in the supreme court of Pennsylvania; and a fieri facias issued on the 1st of January 1811, and was delivered to the sheriff on the same day about twelve o’clock, with direction not to levy it, till further instructions. On the same day, the plaintiff’s counsel called at the house of the defendant, to inform him of the issuing of the execution,. and to request his taking immediate measures to discharge it. The defendant was not at home. The next day, the plaintiff’s counsel called again, between one and two, and found the…
1Opinion of the CourtWashington, Circuit Justice
In most of the cases to be found in the books where the execution first delivered has been postponed, as against purchasers and posterior executions, in consequence of delay in the due execution of the writ, the time has been so long as to warrant a presumption of a design to protect the property; which, in contemplation of law, amounts to a fraud, however innocent and even praiseworthy, on the ground of benevolence, the motive might be which induced it. For this reason, therefore, we frequently meet with expressions, in the opinions delivered in those cases, which lead to the conclusion,…
2Cited by9 opinions
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- Sweetser v. MatsonIllinois Supreme Court · 1894
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