Gillespie v. Keating
Supreme Court of Pennsylvania
Appeal, No. 71, Oct. T., 1896, by Western Electric Company, from order of C. P. No. 2, Allegheny County, Oct. T., 1894, No. 27, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The auditor, John D. Shafer, Esq., reported the facts to be as follows: On July 10, 1894, T. A. Gillespie issued a fi. fa. against A. F. Keating, returnable to October term, and placed the same in the hands of the sheriff.
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Appeal, No. 71, Oct. T., 1896, by Western Electric Company, from order of C. P. No. 2, Allegheny County, Oct. T., 1894, No. 27, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The auditor, John D. Shafer, Esq., reported the facts to be as follows: On July 10, 1894, T. A. Gillespie issued a fi. fa. against A. F. Keating, returnable to October term, and placed the same in the hands of the sheriff. On July 16,1894, the sheriff levied on a lot of stationery, prayer books, bills, images, pocketbooks, legal blanks, show-cases, safe and office furniture at the defendant’s…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
We agree with the learned court below that the sale was not *155made on the Western Electric Company’s writ. The auditor did not find that it was, but he said “ presumably it was advertised on all the writs.” The sheriff’s return showed a sale on the Gillespie writ, but it did not show a sale on the writ of the Western Electric Company. The evidence on this point was that the sheriff refused to sell on the latter writ without a bond of indemnity; that the bond was furnished to him, and that before the sale he surrendered it to the company. The fair inference from…
2Cases cited4 opinions
- Earl's AppealSupreme Court of Pennsylvania · 1850
- Weir v. HaleSupreme Court of Pennsylvania · 1842
- McGinnis v. PriesonSupreme Court of Pennsylvania · 1877
- Missimer v. EbersoleSupreme Court of Pennsylvania · 1878
3Cited by3 opinions
- Davis v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1939
- Mitchell v. Alpha Hardware & Supply Co.California Court of Appeal · 1935
- Latsha v. Latsha, Pennsylvania Court of Common Pleas, Dauphin County1935