Hall v. Galbraith
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. Bartram Galbraith against Benjamin Ü. Hall, constable. The plaintiff, B. Galbraith, obtained a judgment against John Armer, before a justice, upon which he issued an execution, and placed it in the hands of the defendant, B. D. Hall, constable, who made return, “ levied on a lot of boards, a lot of stuff framed for the Episcopal church, shingles and other lumber thereto pertaining, now on the ground as the property of defendant.
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ERROR to the common pleas of Mifflin county. Bartram Galbraith against Benjamin Ü. Hall, constable. The plaintiff, B. Galbraith, obtained a judgment against John Armer, before a justice, upon which he issued an execution, and placed it in the hands of the defendant, B. D. Hall, constable, who made return, “ levied on a lot of boards, a lot of stuff framed for the Episcopal church, shingles and other lumber thereto pertaining, now on the ground as the property of defendant. The above property not sold by J. T. Hale becoming responsible for the consequences.” The plaintiff deeming this an…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The 12th section of the act of 1810, directs that, on delivery of an execution to a constable, an account shall be stated on the docket of the justice, and also on the back of the execution, of the debt, interest and costs, from which the constable shall not be discharged but by producing to the justice, on or before the return day of the execution, the receipt of the plaintiff, or such other return as may be sufficient in law. The defendant, who was the constable, returned that he had levied on a lot of pine boards, a lot of stuff framed for…
2Cases cited1 opinion
- Spangler v. Commonwealth ex rel. MartinSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Corson v. HuntSupreme Court of Pennsylvania · 1850
- Miller v. CommonwealthSupreme Court of Pennsylvania · 1847