Legal Opinion

Coleman v. Mansfield

Pennsylvania Court of Common Pleas, Philadelphia County

Decided December 7, 1835PublishedCited by 2 opinions

THE facts of this case were these, viz.: On the 7th of May 1823, the plaintiff obtained judgment in this case, and on the same day sued out a fieri facias, which was indorsed, real debt 300 dollars, with certain interest, and costs 12 dollars 18 cents. The sheriff made return to this writ that he had levied on certain personal property, and sold the same for 125 dollars 64 cents.

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THE facts of this case were these, viz.: On the 7th of May 1823, the plaintiff obtained judgment in this case, and on the same day sued out a fieri facias, which was indorsed, real debt 300 dollars, with certain interest, and costs 12 dollars 18 cents. The sheriff made return to this writ that he had levied on certain personal property, and sold the same for 125 dollars 64 cents. An alias fieri fiadas was afterwards issued to September term 1830, for the whole debt, interests and costs. Mulla bona was returned to this. To September term 1833, another fieri fiadas was issued, under the name of…

1Opinion of the Court

The opinion of the Court was delivered by

Stroud, J.

(after stating the facts). — Where all lire money is not levied on a fieri facias, the writ should be returned before a second execution is taken out, for that must be grounded upon the first, and should recite the proceedings under it. Ovyat v. Tyner, 1 Salk. 818 ; M’Michael v. Knapp, 7 Conn. 413. But the omission to recite the proceedings under the first writ does not render the second void. It was an irregularity only, and might have been amended upon seasonable application for this purpose to the court. M’Michael v. Knapp. Whether a…

2Cases cited5 opinions

  1. Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
  2. Hunt v. BreadingSupreme Court of Pennsylvania · 1824
  3. Barnet v. WashebaughSupreme Court of Pennsylvania · 1827
  4. Bank of Pennsylvania v. LatshawSupreme Court of Pennsylvania · 1822
  5. Duncan v. HarrisSupreme Court of Pennsylvania · 1828

3Cited by2 opinions

  1. Heath v. PageSupreme Court of Pennsylvania · 1870
  2. M. Barmann & Sons v. Dice, Pennsylvania Court of Common Pleas, Cumberland County1976

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