Legal Opinion

Switland v. Holgate

Supreme Court of Pennsylvania

Decided July 15, 1839PublishedCited by 2 opinions

ERROR to the common pleas of Luzerne county. Reuben Holgate against William Switland. . The plaintiff’s action was founded upon the following facts: James and Reuben Holgate had obtained a judgment before a justice, against Peter Shaffer, for 100 dollars, upon which an execution issued and was delivered to constable Seagreaves, who levied upon the personal property of the defendant, whereupon the following paper was made and handed to the constable: “ Mr/ Seagreaves, “…

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ERROR to the common pleas of Luzerne county. Reuben Holgate against William Switland. . The plaintiff’s action was founded upon the following facts: James and Reuben Holgate had obtained a judgment before a justice, against Peter Shaffer, for 100 dollars, upon which an execution issued and was delivered to constable Seagreaves, who levied upon the personal property of the defendant, whereupon the following paper was made and handed to the constable: “ Mr/ Seagreaves, “ Sir,—If you will let the execution against Peter Shaffer rest until next week, we will get the cash out of the bank, and pay…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

No error has been shown in the record of this case, excepting in the matter embraced by the fourth error assigned, which raises the question, was any evidence given on the trial of the cause, which made it proper in the court to leave it to the jury as a question of fact to be decided by them, whether Reuben Holgate, the plaintiff below, was not the only person interested in and entitled to receive the moneys, when made, which were directed to be levied under the execution sued out upon the judgment in favour of James and Reuben Holgate, for…

2Cited by2 opinions

  1. Moore's Executors v. PattersonSupreme Court of Pennsylvania · 1857
  2. McCombs v. RowanSupreme Court of Pennsylvania · 1868

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