Billings v. Russell
Supreme Court of Pennsylvania
Error to the Common. Pleas of Tioga county. This was an action of trespass by Franklin Russell v. Billings and May, to recover the value of a horse claimed by the plaintiff, which had been levied on and sold under process issued in a proceeding before a justice of the peace by Billings v. Albert Russell. The plea was not guilty.
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Error to the Common. Pleas of Tioga county. This was an action of trespass by Franklin Russell v. Billings and May, to recover the value of a horse claimed by the plaintiff, which had been levied on and sold under process issued in a proceeding before a justice of the peace by Billings v. Albert Russell. The plea was not guilty. It appeared that Albert Russell being indebted to Billings in the sum of $97, the latter applied to a justice of the peace for an attachment against Russell, under the 27th section of the Act of 12th July, 1842, abolishing imprisonment for debt. It is provided in that…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
This was trespass for taking the plaintiff’s horse on an execution against another person. Evidence was given to support and to contradict the allegation that the horse had been sold by the present plaintiff to the defendant in the execution. But the Court took all the evidence on that point away from the jury, and directed a verdict in favor of the plaintiff, on the solo ground that the execution was void. It was issued by a justice of the peace upon a judgment in attachment under the act of 1842. The affidavit was irregular, and so was…
2Cited by9 opinions
- McGrew ex rel. McGrew v. HolmesSupreme Court of Iowa · 1910
- Haines v. HallSupreme Court of Pennsylvania · 1904
- Hoff v. Allegheny CountySupreme Court of Pennsylvania · 1941
- Shryock v. BuckmanSupreme Court of Pennsylvania · 1888
- Cessna v. ClouseSuperior Court of Pennsylvania · 1913
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