Weidensaul v. Reynolds
Supreme Court of Pennsylvania
Error to the Common Pleas of Snyder county. This was an action on the case by George Reynolds, late sheriff of Juniata county, against Daniel Weidensaul. The plaintiff declared in trover, and claimed to recover the value of a gray mare, which he alleged he had levied on as the property of Isaac Spayd, under an execution against him at the suit of Charles Boyer. The mare was found by him at the residence of Spayd, hitched in a buggy and tied to the fence.
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Error to the Common Pleas of Snyder county. This was an action on the case by George Reynolds, late sheriff of Juniata county, against Daniel Weidensaul. The plaintiff declared in trover, and claimed to recover the value of a gray mare, which he alleged he had levied on as the property of Isaac Spayd, under an execution against him at the suit of Charles Boyer. The mare was found by him at the residence of Spayd, hitched in a buggy and tied to the fence. After the levy the mare was left in the possession of Spayd, who drove her back to Snyder county. The next day Mr. Weidensaul hearing of the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The question presented by the first assignment of error is, whether it was competent for the plaintiff to prove by parol evidence, that the mare, for the conversion of which the action was brought, had been levied upon by the sheriff, in virtue of the execution in his hands. There is nothing in our Acts of Assembly which requires a sheriff to endorse upon a writ of fieri facias a schedule of personal property upon which he has made a levy under it. Nor is there any rule of common law that imposes on him such a duty. True, it was ruled in…
2Cases cited1 opinion
- M'Clelland v. SlingluffSupreme Court of Pennsylvania · 1844
3Cited by6 opinions
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- Commonwealth v. WegleinSuperior Court of Pennsylvania · 1941
- Colvin v. Crown Coal & Coke Co.Superior Court of Pennsylvania · 1927
- Commonwealth of Penna. v. MorrisSuperior Court of Pennsylvania · 1930
- Conservative Building & Loan Ass'n v. PearlSupreme Court of Pennsylvania · 1930
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