M'Clelland v. Slingluff
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Adams county. Charles and Jesse Slingluff against George W. M’Clelland, sheriff. This was an action on the case, in which the plaintiffs declared for money had and received, and the defendant pleaded non assumpsit.
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ERROR to the Common Pleas of Adams county. Charles and Jesse Slingluff against George W. M’Clelland, sheriff. This was an action on the case, in which the plaintiffs declared for money had and received, and the defendant pleaded non assumpsit. The plaintiffs gave in evidence a fieri facias, at their suit against John A. Davis and James S. Davis, for $594, placed in the hands of the defendant, as sheriff, on the 16th June 1840, upon which he endorsed a specific levy of the defendant, John A. Davis’s personal property, on the same day; and subsequently, on the 13th August 1840, made the return,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
On the return to the alias fieri facias, the plaintiff in that execution, Slingluff, was entitled to the money. For although there was a prior execution in the hands of the sheriff, no levy had been made upon it, but it was made, as appears in the return, on the second execution on which the property was sold. The levy was attached to the execution, and so returned; so that the application of the money to the first execution was a mispayment, which rendered the sheriff liable in this action. As between different plaintiffs, if two writs oí…
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