Whallon v. Scott
Supreme Court of Pennsylvania
THIS was an action of trespass vi et armis, brought in the court of common pleas of Erie county, by James A. Whallon against Andrew Scott, sheriff of said county, and William Truesdail, Josiah Pardee, and Robert Allison, his assistants, for forcibly entering the store of the plaintiff, in the town of Erie, and carrying away certain goods, viz. boots, shoes, packing cases, sign of the plaintiff, &c„ of the value of 1C00 dollars.
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THIS was an action of trespass vi et armis, brought in the court of common pleas of Erie county, by James A. Whallon against Andrew Scott, sheriff of said county, and William Truesdail, Josiah Pardee, and Robert Allison, his assistants, for forcibly entering the store of the plaintiff, in the town of Erie, and carrying away certain goods, viz. boots, shoes, packing cases, sign of the plaintiff, &c„ of the value of 1C00 dollars. The defendants pleaded not guilty, with leave,&c., and special plea. The plaintiff proved that the defendants, in the latter end of March 1839, broke open the store of…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
If there are evils attending our system of voluntary assignments and preferences to creditors, by debtors in failing circumstances, they are such as our courts of justice may lament, but have not the power to remedy. It is competent only to the legislature to alter the law as established; and by them, it would seem, it has not been considered expedient to take away the right of the debtor in this respect, which existed at common law. They have preferred making enactments, from time to time, for the purpose' of *244regulating and'enforcing this…
2Cited by3 opinions
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Mitchell v. StilesSupreme Court of Pennsylvania · 1850
- Wooldridge v. IrvingUnited States Circuit Court · 1884