Smith v. Emerson
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. This was an action of trespass, brought by William E. Emerson against Joseph R. Smith, sheriff of Indiana county, for selling a horse which he had levied on and sold, regardless of plaintiff’s claim to exemption under the act exempting goods to the value of $300 from levy and sale on execution.
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Error to the Common Pleas of Indiana county. This was an action of trespass, brought by William E. Emerson against Joseph R. Smith, sheriff of Indiana county, for selling a horse which he had levied on and sold, regardless of plaintiff’s claim to exemption under the act exempting goods to the value of $300 from levy and sale on execution. The case was this: — On the 3d day of May 1858, Ignatius Heim obtained a judgment against Emerson for $193.29, which remained unsatisfied till the summer of I860, when the plaintiff issued an execution for the debt, interest, and costs ; in pursuance of…
1Opinion of the Court
The opinion of the court was delivered at Philadelphia, by
Woodward, J.
There is no error in the first bill of exceptions. The sheriff returned with the fi. fa., and attached to it a written demand of the defendant, for the benefit of the Exemption Law, dated the very day the writ came into the sheriff’s hands. In a suit against the sheriff, that paper, so returned by him without an explanatory note, was evidence that he had received the defendant’s demand in due time. A sheriff’s return to writs, always under his own control, and always evidence for himself, should be construed most strongly…
2Cited by4 opinions
- Thomson's EstateSupreme Court of Pennsylvania · 1893
- Commonwealth v. WegleinSuperior Court of Pennsylvania · 1941
- Dengler v. BuettnerSupreme Court of Pennsylvania · 1889
- Wanamaker v. BuchananSuperior Court of Pennsylvania · 1907