Forsyth v. Palmer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of trespass brought by Palmer against Forsyth, who was then sheriff of Allegheny county, for seizing in execution his goods and selling them as the property of Mrs. Rhodes, on an execution against her, though he was notified that the goods were the property of the plaintiff. On the trial, the plaintiff offered Mrs. Rhodes as a witness to prove that the goods were the property of the plaintiff.
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Error to the District Court of Allegheny county. This was an action of trespass brought by Palmer against Forsyth, who was then sheriff of Allegheny county, for seizing in execution his goods and selling them as the property of Mrs. Rhodes, on an execution against her, though he was notified that the goods were the property of the plaintiff. On the trial, the plaintiff offered Mrs. Rhodes as a witness to prove that the goods were the property of the plaintiff. She was objected to as incompetent. She was admitted, and defendant’s counsel excepted. Afterwards defendant’s counsel offered to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— As defendant in the execution on which the goods were sold, the witness was clearly disinterested. In Keyrnborg v. Burbridge, 1 Jones 585, the plaintiff had sent the segars to Bollman, the witness for whose debt they were seized and sold, *97as a commission merchant accountable to him for the proceeds; from which accountability he was not discharged by the seizure and sale of them on .Burbridge’s execution; but he would have been discharged from it had Keymborg recovered satisfaction from Bur-bridge, and he was therefore an incompetent…
2Cases cited3 opinions
- Baker v. FreemanNew York Supreme Court · 1832
- O'Conner v. ForsterSupreme Court of Pennsylvania · 1840
- Smethurst v. WoolstonSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980
- Pfeifer v. Jones & Laughlin Steel Corp.Court of Appeals for the Third Circuit · 1982
- Willock v. Crescent Oil Co.Supreme Court of Pennsylvania · 1898
- Amadio v. LevinSupreme Court of Pennsylvania · 1985
- Amadio v. LevinSupreme Court of Pennsylvania · 1985
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