Pollock v. Ingram
Superior Court of Pennsylvania
Appeal, No. 76, Oct. T., 1897, by defendant, from judgment of C. P. Chester Co., Aug. T., 1896, No. 46, on verdict for plaintiff. Appeal from judgment of a justice of the peace. Before Hemphill, J. It appears from the record that this was an action in assumpsit against Joseph K. Ingram, a constable under the Act of March 20, 1810, 5 Sm. L. 161, to recover for a false return to an execution placed in his hands.
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Appeal, No. 76, Oct. T., 1897, by defendant, from judgment of C. P. Chester Co., Aug. T., 1896, No. 46, on verdict for plaintiff. Appeal from judgment of a justice of the peace. Before Hemphill, J. It appears from the record that this was an action in assumpsit against Joseph K. Ingram, a constable under the Act of March 20, 1810, 5 Sm. L. 161, to recover for a false return to an execution placed in his hands. Verdict and judgment for plaintiff for 185.53. Defendant appealed. Errors assigned were (1) In admitting in evidence the execution issued.by the justice, together with the parol…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff secured a judgment for $78.72, before a justice of the peace, against one Cameron, and caused an execution to be issued thereon, which was directed to the defendant, as a constable, who levied upon and took into his possession certain personal property. A claim of ownership was made to the property levied upon by persons not named in the writ, and the constable demanded a bond of indemnity, which was furnished by the plaintiff. A few days afterward a controversy arose as to its sufficiency, and four days after the writ was issued the constable made return of…
2Cases cited5 opinions
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Commonwealth v. LentzSupreme Court of Pennsylvania · 1884
- Commonwealth v. WarfelSupreme Court of Pennsylvania · 1893
- Lantz v. LutzSupreme Court of Pennsylvania · 1848
- Bachman v. FenstermacherSupreme Court of Pennsylvania · 1886
3Cited by3 opinions
- Smith v. HoughwotSuperior Court of Pennsylvania · 1938
- Bachman v. Messina, Pennsylvania Court of Common Pleas, Mercer County1942
- Palmer v. Phalen, Pennsylvania Court of Common Pleas, Washington County1926