Legal Opinion

Mansfield v. Bell

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 39Published

Appeal, No. 39, Jan. T., 1904, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1901, No. 11, on verdict for plaintiff in case of Florinda Mansfield v. Edwin A. Bell and Caroline F. Bell, trading as E. A. Bell & Company and John M. Decker. Trespass against .constable for alleged wrongful sale of goods. Before Erdman, P. J. The opinion of the Superior Court states the facts.

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Appeal, No. 39, Jan. T., 1904, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1901, No. 11, on verdict for plaintiff in case of Florinda Mansfield v. Edwin A. Bell and Caroline F. Bell, trading as E. A. Bell & Company and John M. Decker. Trespass against .constable for alleged wrongful sale of goods. Before Erdman, P. J. The opinion of the Superior Court states the facts. When John M. Becker was on the stand he was examined as follows: “ Q. Mr. Decker, during the year 1901 were you constable of the borough of Stroudsburg ? A. Yes, sir. Q. As such constable did you receive an…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action of trespass for the wrongful seizure and *450sale of the plaintiff’s personal property, alleged in her statement of claim to have been made by virtue of an execution issued upon a judgment in favor of E. A. Bell & Company against her husband entered upon the docket of a justice of the peace. The defendants were the constable who executed the writ and the persons composing the firm of E. A. Bell & Company. The plaintiff, having testified without objection to the fact of the levy and sale by the constable, despite notice of her ownership and warning not to…

2Cases cited5 opinions

  1. Forsyth v. PalmerSupreme Court of Pennsylvania · 1850
  2. Paxton v. SteckelSupreme Court of Pennsylvania · 1845
  3. McInroy v. DyerSupreme Court of Pennsylvania · 1864
  4. Watmough v. FrancisSupreme Court of Pennsylvania · 1847
  5. Freeman v. AppleSupreme Court of Pennsylvania · 1882

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