Kramer v. Wellendorf
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson County to review a judgment of compulsory nonsuit in an action of trover. The action was brought by Sarah Kramer and George Kramer, her husband, in favor of the wife, to recover the value of a boiler, smokestack, engine and fixtures, taken by the defendants and converted to their use.
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Error to the Common Pleas of Jefferson County to review a judgment of compulsory nonsuit in an action of trover. The action was brought by Sarah Kramer and George Kramer, her husband, in favor of the wife, to recover the value of a boiler, smokestack, engine and fixtures, taken by the defendants and converted to their use. Mrs. Kramer claims title to the property by purchase at a constable’s sale, had upon an execution issued upon a judgment of the husband, George Kramer, against W. G. Hunter and G. W. Crawford, rendered by John T. Bell, Esq., a justice of the peace. On the trial the…
1Opinion of the Court
Orinton bt
Me. Justice Stebeett :
The judgment of the justice, on which execution was immedi- ■ ately issued, was not void by reason of the alleged irregularities or otherwise. At most it was merely voidable; and hence it was sufficient to support the execution on which the property in controversy was sold to the beneficial plaintiff. She must be regarded as a stranger, and cannot be affected by mere irregularities in the proceeding. The constable having rightfully levied on the property, it was his duty to proceed with the execution of his writ until he was notified that it was stayed or…
2Cases cited1 opinion
- O'Donnell v. MullinSupreme Court of Pennsylvania · 1856