English v. Dalbrow
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was a writ of replevin issued at the instance of English against Dalbrow under the following circumstances : SummcdU obtained judgment against, the defendant, Dalbrow, and issued a fieri facias, which was levied upon a light wagon in his possession.
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THIS was a writ of replevin issued at the instance of English against Dalbrow under the following circumstances : SummcdU obtained judgment against, the defendant, Dalbrow, and issued a fieri facias, which was levied upon a light wagon in his possession. A short time afterwards, and while the wagon was in the actual custody of the sheriff under this levy, English sued out this writ of replevin for the- same wagon, against Dalbrow as defendant, and placed it in the sheriff’s hands. Whereupon the site riff applied for and obtained a rule to show cause why this replevin should not be quashed.…
1Per curiam
This case does not fall within the act of assembly. In replevin the writ should issue against the person Slaving at the time the actual possession of the goods claimed ; and the act of assembly is framed in reference to this known state of the law. It is adapted to the circumstance of an officer of law, having goods in his custody by legal process, being made the defendant in the replevin. Such a writ the 2d section declares to be “ irregular, erroneous and void,” and directs it to be quashed.
That the act applies to such defendants only, is, if possible, rendered more plain by the provisions…
2Cases cited1 opinion
- Shearick v. HuberSupreme Court of Pennsylvania · 1813
3Cited by4 opinions
- Winner v. MessingerSuperior Court of Pennsylvania · 1949
- Taylor v. EllisSupreme Court of Pennsylvania · 1901
- Ramsdell v. BuswellSupreme Judicial Court of Maine · 1867
- Weed v. Hill, Pennsylvania Court of Common Pleas, Philadelphia County1837