Murphy v. Chase
Supreme Court of Pennsylvania
' Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 93. Replevin,, by Thomas Murphy against The Times Printing Association and A. A. Chase, to recover the possession of certain personal chattels levied on by the said Murphy, as executor of T. J. Walsh, deceased, and bought in by him at the constable’s sale.
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' Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 93. Replevin,, by Thomas Murphy against The Times Printing Association and A. A. Chase, to recover the possession of certain personal chattels levied on by the said Murphy, as executor of T. J. Walsh, deceased, and bought in by him at the constable’s sale. On the trial, before Woodward, J., the following facts appeared :• The plaintiff’s testator, Walsh, leased a portion of his real estate to the defendants. Walsh died in 1874, and letters testamentary were issued to the plaintiff. After his'testator's death…
1Opinion of the Court
The opinion of the court was filed
Pee Cueiam.
It must be conceded that the court erre.d in permitting the plea of abatement to be added during the trial of the cause. It was too late in time and defective in form. The plaintiff, however, was not injured thereby.
The general rule is that an officer of the law is presumed to have done his duty. So, when a public officer has done an act which should be preceded by certain preliminary steps, it will be presumed they were taken. All. these presumptions, however, must-be limited, to his acts as an officer. They do not apply to his precedent acts done…
2Cited by11 opinions
- Mortgage B. & L. Ass'n v. Van SciverSupreme Court of Pennsylvania · 1931
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
- Snyder v. McGillSupreme Court of Pennsylvania · 1919
- Ramsdell v. SeybertSuperior Court of Pennsylvania · 1905
- Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
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