Legal Opinion

Quigley v. Swank

Superior Court of Pennsylvania

Decided November 20, 1899No. Appeal, No. 14PublishedCited by 3 opinions

Appeal, No. 14, Feb. T., 1899, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1897, No. 1, on verdict for defendant. Opinion by W. D. Porter, J. Trespass. Before Dunham, P. J. It appears from the record and evidence that plaintiff brought this action against the sheriff, claiming damages for levying upon and sale of certain property which the sheriff levied upon as the property of Andrew J. Quigley, her husband, at the suit of Thomas Fell.

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Appeal, No. 14, Feb. T., 1899, by plaintiff, from judgment of C. P. Sullivan Co., May T., 1897, No. 1, on verdict for defendant. Opinion by W. D. Porter, J. Trespass. Before Dunham, P. J. It appears from the record and evidence that plaintiff brought this action against the sheriff, claiming damages for levying upon and sale of certain property which the sheriff levied upon as the property of Andrew J. Quigley, her husband, at the suit of Thomas Fell. Upon the trial of the case the court under objection by defendant rejected an offer by the plaintiff’s counsel as follows: [The counsel for the…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

This is an action of trespass brought against a sheriff to recover damages for an alleged wrongful sale of goods of the plaintiff, upon an execution in which her husband was the defendant. About the time of the marriage of the plaintiff to Andrew Quigley, the latter became indebted to Thomas Fell, and, at the time said indebtedness was contracted, gave his judgment-note for the same, waiving the benefit of all exemption laws, While this debt, with its waiver of exemption from execution, was in existence, the property which is the subject of this suit became a part…

2Cases cited8 opinions

  1. Hester v. CommonwealthSupreme Court of Pennsylvania · 1877
  2. Craig v. CraigSupreme Court of Pennsylvania · 1835
  3. Zell v. CommonwealthSupreme Court of Pennsylvania · 1880
  4. Clever v. HilberrySupreme Court of Pennsylvania · 1887
  5. Covanhovan v. HartSupreme Court of Pennsylvania · 1853

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Commonwealth v. KaySuperior Court of Pennsylvania · 1900
  2. Leitz v. HohmanSuperior Court of Pennsylvania · 1901
  3. White v. BlackSuperior Court of Pennsylvania · 1900

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