Berwald v. Ray
Superior Court of Pennsylvania
Appeal, No. 9, April T., 1898, by defendant, from judgment of C. P. Venango Co., April T., 1892, No-. 64, on verdict for plaintiff. Trespass. Before Criswell, P. J. It appears from the record that this was an action brought by the plaintiff against the sheriff to recover damages alleged to be due him by reason of a sheriff’s sale under a writ against R. Berwald, the plaintiff’s father.
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Appeal, No. 9, April T., 1898, by defendant, from judgment of C. P. Venango Co., April T., 1892, No-. 64, on verdict for plaintiff. Trespass. Before Criswell, P. J. It appears from the record that this was an action brought by the plaintiff against the sheriff to recover damages alleged to be due him by reason of a sheriff’s sale under a writ against R. Berwald, the plaintiff’s father. Another phase of this case was before the Supreme Court and reported as Berwald v. Ray, 165 Pa. 192. The facts sufficiently appear from the charge of the court below and the opinion of the court. The charge is…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of trespass, brought by B. Berwald against the sheriff, for the sale of a stock of merchandise, on a fi. fa. issued by L. & C. Wise against R. Berwald, the plaintiff’s father. It is urged, that the court erred in not submitting the questions as to the plaintiff’s ownership, and notice to the sheriff, to the jury. The assignments of error relating to these matters require a review of the testimony, at some length.
The plaintiff alleges, that prior to July, 1889, his mother, whose name is Rachel, was the owner of a retail shoe business in Oil City,…
2Cases cited4 opinions
- Lautner v. KannSupreme Court of Pennsylvania · 1898
- Grambs v. LynchSupreme Court of Pennsylvania · 1884
- Shober v. Harrison Bros.Superior Court of Pennsylvania · 1896
- Kircher v. SprengerSuperior Court of Pennsylvania · 1897