Appeal of Work
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 236. Appeal of George T. Work, sheriff, from the decree of the court directing him to pay Elizabeth Ilowden $200 out of the proceeds of the sale of the goods of David Shanor. On 1st October 1877, James M. Miller caused a fi. fa. to issue on a judgment which he had obtained against David Shanor and another.
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Appeal from the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 236. Appeal of George T. Work, sheriff, from the decree of the court directing him to pay Elizabeth Ilowden $200 out of the proceeds of the sale of the goods of David Shanor. On 1st October 1877, James M. Miller caused a fi. fa. to issue on a judgment which he had obtained against David Shanor and another. This process was returnable to the second Monday of October; the second Monday being the eighth day of that month. In the execution of this writ, the appellant levied upon personalty of…
1Opinion of the CourtJustice Paxson
There is no substantial disagreement as to the facts of this case. The execution under which the levy was made was issued on October 1st 1877, and was made returnable to the second Monday of the same month, which was the eighth. The levy was made on the third. Immediately thereafter the plaintiff in the fieri facias notified the sheriff not to advertise a sale upon said writ, as he deemed it better to allow the defendant in said execution to sell the property levied upon. In consequence of this the sheriff took no further action; the goods were sold by the defendant at a public sale on the…
2Cases cited2 opinions
- Commonwealth ex rel. Reynolds v. StrembackSupreme Court of Pennsylvania · 1832
- Ege v. EgeSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- Wadas v. SharpSuperior Court of Pennsylvania · 1905
- Willis Motor Car Co. v. Lasser, Pennsylvania Court of Common Pleas, Dauphin County1927