Zacharias v. Totton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: Of May Term 1879, No. 123. Trespass de bonis asportatis by George A. Zacharias against Joseph Totton, sheriff, and the Harrisburg National Bank. As appears in the abstract of proceedings a joint appearance was entered for the defendants, and they jointly pleaded “not guilty.”
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Error to the Court of Common Pleas of Cumberland county: Of May Term 1879, No. 123. Trespass de bonis asportatis by George A. Zacharias against Joseph Totton, sheriff, and the Harrisburg National Bank. As appears in the abstract of proceedings a joint appearance was entered for the defendants, and they jointly pleaded “not guilty.” Afterwards, when the case ivas called for trial, they severally, by leave of court, filed special pleas, both of which are, however, as to the averments of fact in them, identical. The narr. is in the usual form. The special pleas set up: That Totton, one of…
1Opinion of the CourtJustice Sterrett
The procedings under the Interpleader Act, resulting in a verdict and judgment in favor of the plaintiff, conclusively established his title to the goods seized by the sheriff as the property of Zacharias & Co., on the execution of the bank against that firm. In the present action against the sheriff and execution-creditor for the wrongful seizure and sale of the goods, the question is whether the defendants were protected by those proceedings, and if so, to what extent.
The learned president of the Common Pleas being of opinion that the main facts, admitted by the pleadings, presented a…
2Cited by4 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Berger & Wirth v. H. W. Juergen & Co.Superior Court of Pennsylvania · 1898
- White v. RechSupreme Court of Pennsylvania · 1895
- Central National Bank ex rel. Styer & Bro. v. GallagherSupreme Court of Pennsylvania · 1894