Henry v. Heilman Bros.
Supreme Court of Pennsylvania
Error to the Cour,t of Common Pleas of Armstrong county : Of October Term, 1886, No. 7. This was an appeal from the judgment of a justice of the peace, for $111,65, in favor of the plaintiff in an action of debt brought by James Henry against Heilman Brothers. Henry, the plaintiff, was the sheriff of Armstrong county.
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Error to the Cour,t of Common Pleas of Armstrong county : Of October Term, 1886, No. 7. This was an appeal from the judgment of a justice of the peace, for $111,65, in favor of the plaintiff in an action of debt brought by James Henry against Heilman Brothers. Henry, the plaintiff, was the sheriff of Armstrong county. The defendants, at a sheriff sale of personal property, had purchased goods amounting to $110. They believed themselves to be the first lien creditors, and entitled to receive the amount of their bid upon them, and refused to pay the sheriff the amount of it. It appeared that…
1Opinion of the CourtJustice Green
The learned court below, instructed the jury “to return a verdict in favor of the plaintiff, for the sum of $129.80, subject to the ruling of the court, upon the question of law reserved, as to whether under the law of the case, the plaintiff is entitled to recover.”
The question of law reserved is thus stated: “15th March, 1884, question reserved, whether, under the law in this case, the plaintiff is entitled to recover under all the facts:” No question of law was stated and reserved, no facts were stated in the reservation, none were found by the jury, or determined in any other way. The…
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