Campbell v. Clevenstine
Supreme Court of Pennsylvania
Appeal, No. 119, July T., 1891, by plaintiff, James A. Campbell, from judgment of C. P. Chester Co., April T., 1889, No. 101, for defendant, Joanna Clevenstine, on trial by court without jury. Feigned issue on sheriff’s interpleader to determine the ownership of goods levied upon on an execution issued by the defendant.
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Appeal, No. 119, July T., 1891, by plaintiff, James A. Campbell, from judgment of C. P. Chester Co., April T., 1889, No. 101, for defendant, Joanna Clevenstine, on trial by court without jury. Feigned issue on sheriff’s interpleader to determine the ownership of goods levied upon on an execution issued by the defendant. The case was tried without a jury, under the act of April 22, 1874. The following facts, inter alia, were found by the court in an opinion by Hemphill, J.: “ For some time prior to February, 1889, Lizzie J. Bard kept a retail dry goods and notion store, in the borough of…
1Opinion of the Court
Opinion by
Mr. Justice Heydrick,
Tbe learned court below found substantially that the title to the goods levied upon was in the claimant in trust “ to manage, release and dispose of the same as he saw proper, only accounting to the firm (Wood, Brown & Oo.) for the proceeds.” Having such title, it cannot be doubted that the claimant could have maintained trespass against the sheriff if that officer had sold the goods. And, in such action, it would not have been necessary or proper to set out in the pleadings the trust upon which the plaintiff held the property. As was said in Armstrong v. City…
2Cases cited2 opinions
- Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
- Shive v. FinnSupreme Court of Pennsylvania · 1890