Legal Opinion

Fitler v. Maitland

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 3 opinions

THIS was an action against Daniel Fitler, Esq., sheriff of the city and county of Philadelphia, for making a false return of nulla bona to a writ of fieri facias issued by the plaintiff, Maitland, on a judgment recovered by him in the District Court for the city and county of Philadelphia against Emmor Kimber, Jun.

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THIS was an action against Daniel Fitler, Esq., sheriff of the city and county of Philadelphia, for making a false return of nulla bona to a writ of fieri facias issued by the plaintiff, Maitland, on a judgment recovered by him in the District Court for the city and county of Philadelphia against Emmor Kimber, Jun. It appeared by the evidence that Kimber, a hatter, made an assignment of his goods, consisting of hats, &c. dated the 2d July 1841, to F. Samuels, who published the assignment, and an appraisement and inventory were made, and he gave bond, and was duly qualified as assignee. The…

1Opinion of the Court

THe opinion of the Court was delivered by

Gibson, C. J.

The reason no more was decided in Mitchell v. Willoch than that the assignment was not avoided by retention of possession during the period for giving bond, was that the casé called for no more; and we went no further. The entire principle of the case before us, however, was settled by the judgment in Thompson v. Watmough, which was argued at the last March term, but not reported, because the Judges present were equally divided in opinion; and Justice Huston, to whom a written opinion was furnished, signified his concurrence with Justice…

2Cited by3 opinions

  1. Walters & Walker ex rel. Gatewood v. WhitlockSupreme Court of Florida · 1860
  2. Dallam v. FitlerSupreme Court of Pennsylvania · 1843
  3. Klapp's Assignees v. ShirkSupreme Court of Pennsylvania · 1850

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