Sedgwick's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Court of Common Pleas of Dauphin county. P. C. Sedgwick, Esq. obtained two judgments, one against Elliott & M’Curdy, and the other against M’Curdy alone, upon which writs of fieri facias were issued and levied upon the defendants’ personal property, describing it particularly.
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APPEAL from the decree of the Court of Common Pleas of Dauphin county. P. C. Sedgwick, Esq. obtained two judgments, one against Elliott & M’Curdy, and the other against M’Curdy alone, upon which writs of fieri facias were issued and levied upon the defendants’ personal property, describing it particularly. At the defendant’s request, the property was appraised in pursuance of the provisions of the Act of the 12th July 1842, and they gave bond to entitle them to a stay of proceedings for one year. The property was exposed to sale, and would not bring two-thirds of its appraised price; all…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The Act of Assembly which gives rise to the question here presented is as follows:—■“ Section 4. That in all cases where personal property shall be taken in execution by virtue of any writ of fieri facias issued out of any Court of Common Pleas in this Commonwealth, or by virtue of any execution issued by a justice of the peace, it shall be the duty of the officer to whom such writ shall be directed respectively, when it shall be requested by the debtor, to summon three respectable freeholders .or citizens of the vicinage, who being first…
2Cited by3 opinions
- Bain v. LyleSupreme Court of Pennsylvania · 1871
- Slutter v. Kirkendall ex rel. BrownSupreme Court of Pennsylvania · 1882
- Lantz v. WorthingtonSupreme Court of Pennsylvania · 1846