Legal Opinion

Hamner v. Griffith's Administrator

Supreme Court of Pennsylvania

Decided April 5, 1855No. Gtaiilier,. for plaintiff in error,PublishedCited by 4 opinions

Error to tbe judgment of tbe Court of Common Pleas of Somerset county, on tbe following stated case : “ Tbe counsel agree upon tbe following facts in tbis case to be submitted to tbe court for judgment.

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Error to tbe judgment of tbe Court of Common Pleas of Somerset county, on tbe following stated case : “ Tbe counsel agree upon tbe following facts in tbis case to be submitted to tbe court for judgment. If upon tbe facts tbe plaintiff is entitled to recover, then judgment to be entered for tbe plaintiff for $550, with interest from 1st December, 1849, with costs, otherwise judgment to be entered for tbe defendant, for costs: each party reserving tbe right to a writ of error. -“Judgments were entered in the Court of Common Pleas of Somerset county, Pennsylvania, against Huber and Myers, upon…

1Opinion of the Court

The opinion of the court was delivered

by Black, J.

— The defendant’s intestate was sheriff of Somerset county, and had in his hands an execution in favor of the plaintiff on which he levied, and might have sold personal property to *195the value of $625. But he caused the goods to be carried away into Cambria, where they could not afterwards be reached, and the money which he ought to have made out of them was never realized.

Supposing the present plaintiff to have been entitled to the proceeds of the goods in case they had been sold, the neglect or refusal to sell them, entitles him to recover…

2Cited by4 opinions

  1. State v. Inhabitants of TrentonSupreme Court of New Jersey · 1890
  2. State v. City of ElizabethSupreme Court of New Jersey · 1896
  3. Ivins v. Inhabitants of TrentonSupreme Court of New Jersey · 1902
  4. Stearns Co. v. HewesSupreme Court of Pennsylvania · 1917

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