Dixon v. White Sewing M. Co.
Pennsylvania Court of Common Pleas, Cumberland County
No. 156 January Term 1889, Sup. Cfc.; court below, No. 19 February Term 1888, C. P. On November 18,1887, the White Sewing Machine Company brought trespass against James R. Dixon, sheriff of Cumberland county, to recover damages for the alleged seizure and sale by the defendant of three organs, belonging to the plaintiff, under a writ of fieri facias issued against William H. Dinlde. The defendant’s plea was not guilty.
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No. 156 January Term 1889, Sup. Cfc.; court below, No. 19 February Term 1888, C. P. On November 18,1887, the White Sewing Machine Company brought trespass against James R. Dixon, sheriff of Cumberland county, to recover damages for the alleged seizure and sale by the defendant of three organs, belonging to the plaintiff, under a writ of fieri facias issued against William H. Dinlde. The defendant’s plea was not guilty. At the trial on November 23, 1888, the following facts were shown: William H. Dinkle was a dealer in pianos, organs and sewing machines, doing business in Carlisle. He sold…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
The common law requirement of a valid levy that the sheriff shall take actual possession of the goods, has been relaxed in Pemnsylvania to a degree that has been regretted by the judges of this court: Cowden v. Brady, 8 S. & R. 510; Schuylkill County’s App., 30 Pa. 359; but none of the cases have gone further than to hold that a levy in sight or within potential control of the goods will be valid only when followed up by actual possession within a reasonable time: Cowden v. Brady, 8 S. & R. 510; Commonwealth v. Stremback, 3 R. 345; Commonwealth v. Contner, 18 Pa.…
2Cases cited10 opinions
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