Spencer v. Conrad
Superior Court of Pennsylvania
Appeal, No. 106, Oct. T., 1910, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1909, No. 9, on verdict for plaintiff in case of E. F. Spencer v. W. S. Conrad. Trespass for an alleged wrongful levy and sale of mine ties.
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Appeal, No. 106, Oct. T., 1910, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1909, No. 9, on verdict for plaintiff in case of E. F. Spencer v. W. S. Conrad. Trespass for an alleged wrongful levy and sale of mine ties. Before Woods, P. J. The court charged in part as follows: This is an action of trespass brought by E. F. Spencer against W. S. Conrad, to recover the value of a certain lot of mine ties, which the plaintiff alleges belong to him, and which the defendant, being a constable, sold by reason of an attachment and execution which came into his hands sometime during…
1Opinion of the Court
Opinion by
Henderson, J.,
This action involved the title to a lot of mine ties. The ties were manufactured by Frank Fritchey who became *492indebted to numerous persons, among whom were John Hetrick and the plaintiff. Hetrick obtained a judgment against Fritchey from a justice of the peace pursuant to an attachment and issued an execution which was placed in the hands of the defendant, a constable. A levy was made on the ties by virtue of that execution and immediately thereafter the plaintiff gave notice to the constable that the property belonged to him; whereupon, the constable, having been…
2Cases cited2 opinions
- Morgan v. Duquesne BoroughSuperior Court of Pennsylvania · 1905
- Crawford & Moyes v. McKinneySupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Carl v. Grand Union Co.Superior Court of Pennsylvania · 1932
- Rose v. ScottSuperior Court of Pennsylvania · 1920
- Gardner v. BitnerSuperior Court of Pennsylvania · 1914