Welsh v. Cooper
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of Perry county. May 81. This was an action of trespass do bonis asportatis, brought by Elizabeth Welsh against Henry Cooper, sheriff of Perry county, to recover damages for levying upon and selling a store of dry goods, groceries, &c., seized and taken in execution by him, by virtue of a writ of fieri facias against James Welsh. The plaintiff claimed the goods as her property.
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In error from the Court of Common Pleas of Perry county. May 81. This was an action of trespass do bonis asportatis, brought by Elizabeth Welsh against Henry Cooper, sheriff of Perry county, to recover damages for levying upon and selling a store of dry goods, groceries, &c., seized and taken in execution by him, by virtue of a writ of fieri facias against James Welsh. The plaintiff claimed the goods as her property. At the trial, before Hepburn, P. J., the plaintiff called and examined Andrew Welsh, her brother, as a witness. He testified, in substance, that he was clerk in the store, under…
1Opinion of the CourtCoulter, J.
Jacob Weibley was the principal in the bond by which the defendant was indemnified for levying on the store in question. The return to the execution is a “levy on store goods in the store-room of Elizabeth Welsh,” and the indemnity was for selling any goods under the direction of the said Jacob Weibley and William Power, as the property of James Welsh. The store in question was found in the possession of Elizabeth Welsh, and sold under this indemnity. If any trespass was committed, Jacob Weibley was a principal in that trespass, and equally answerable to the plaintiff. All persons who order…
2Cited by9 opinions
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