Bank of Pennsylvania v. Latshaw
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to .Allegheny county, it appeared from the record that the plaintiif below, the Bank of Pennsylvania, levied a fieri on thereal property of the defendant, and had itcondemn- ed. A venditioni exponas followed in due course, to which the sheriff returned, “ Proceedings on this writ abandoned by order of the plaintiff’s attorney.” On the same day a ca. sa. was issued, on which the defendant was arrested.
Read the full summary
IN ERROR. On a writ of error to .Allegheny county, it appeared from the record that the plaintiif below, the Bank of Pennsylvania, levied a fieri on thereal property of the defendant, and had itcondemn- ed. A venditioni exponas followed in due course, to which the sheriff returned, “ Proceedings on this writ abandoned by order of the plaintiff’s attorney.” On the same day a ca. sa. was issued, on which the defendant was arrested. To obtain his discharge he issued a habeas corpus, returnable before Judge Wilkins, who, after hearing the relator, remanded him to the custody of the sheriff. To…
1Opinion of the CourtGibsoN, J.
I think it clear the defendant could not abandon tire levy while it remained in force. In delivering the opinion of the court, in Young v. Taylor, (2 Binn. 218.) it was thought by Mx*. Justice Yeates to be highly questionable, whether a plaintiff, after the defendant had been arrested, and discharged on giving security to apply for the benefit of the insolvent laws, could withdraw his ca. sa. and issue a fi.fa. without the leave of the court. The doubt, I presume, arose from considering the arrest as satisfaction till- the defendant should be finally discharged; and if it were, the assent of…
2Cases cited1 opinion
- Young v. TaylorSupreme Court of Pennsylvania · 1809
3Cited by3 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Coleman v. Mansfield, Pennsylvania Court of Common Pleas, Philadelphia County1835
- Whiting v. BeebeSupreme Court of Arkansas · 1851