Gilleland v. Rhoads
Supreme Court of Pennsylvania
Error, to the Common Pleas of Armstrong county. This was an action of trespass by Samuel Rhoads against Matthew Gilleland, George Cousins, a constable, and Thomas L. Long, his deputy, for seizing and selling a certain piebald horse of the plaintiff, notwithstanding an appraisement of the same under the exemption law of 1849. On the 26th March 1857, Matthew Gilleland obtained a judgment against Samuel Rhoads, before a justice of the peace, for $11.28-J, on which an execution…
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Error, to the Common Pleas of Armstrong county. This was an action of trespass by Samuel Rhoads against Matthew Gilleland, George Cousins, a constable, and Thomas L. Long, his deputy, for seizing and selling a certain piebald horse of the plaintiff, notwithstanding an appraisement of the same under the exemption law of 1849. On the 26th March 1857, Matthew Gilleland obtained a judgment against Samuel Rhoads, before a justice of the peace, for $11.28-J, on which an execution was issued and placed in the-hands of Thomas L. Long, the deputy of Cousins, the other defendant. Rhoads gave notice to…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This was an action of trespass by a debtor against his creditor and a constable for levying on and selling a horse in satisfaction of the creditor’s judgment, without regard to an appraisement demanded and had under the exemption statute of 1849. It appears that Rhoads, the debtor, caused an appraisement to be made of all his chattels, in the aggregate sum of $190.25, including the piebald horse in question, which was valued at $80. But at the time of the appraisement, he asserted that this horse belonged to his wife, and was not his…
2Cited by4 opinions
- Miller v. ImhoffSupreme Court of Pennsylvania · 1888
- Assigned Estate of KreiderSupreme Court of Pennsylvania · 1890
- Bixler v. KennedySuperior Court of Pennsylvania · 1916
- Cross Bros. v. Abrams, Pennsylvania Court of Common Pleas, Delaware County1933