Turnpike Co. v. Wallace
Supreme Court of Pennsylvania
CERTIORARI to the court of common pleas of Huntingdon county. Michael Wallace obtained a judgment against the President, Managers and Company of the Huntingdon, Cambria and Indiana Turnpike Road, for the sum of 7311 dollars, upon which he issued a fieri facias, which was returned, “ No goods, lands, or tenements whereon to levy.”
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CERTIORARI to the court of common pleas of Huntingdon county. Michael Wallace obtained a judgment against the President, Managers and Company of the Huntingdon, Cambria and Indiana Turnpike Road, for the sum of 7311 dollars, upon which he issued a fieri facias, which was returned, “ No goods, lands, or tenements whereon to levy.” Whereupon he presented a petition to the court of common pleas, praying them to award a writ to sequester the goods, chattels, credits, rents, issues, profits, tolls, and receipts of the company, and to take such order in the premises as may be in accordance with the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The act of the 16th of June 1836, which prescribes the mode of issuing executions against corporations, excepts from its'operation, “ a county, township, or other public corporate body.” The doubt is, whether a corporation in which the state owns a principal part of the stock, be a public corporate body within the1 meaning of the exception. It is very clear that the character of the corporation cannot depend on the quantity of the stock held by the commonwealth, so that if this case comes within the exception; for the same reason every…
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