McMichael v. McDermott
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. McDermott brought an action of trespass, in the District Court for the city and county of Philadelphia, against McMichael, the sheriff of Philadelphia county, and Alsop, for seizing and selling his goods as those of Edmund Laguerenne, on the 26th of February, 1845, at the residence of Laguerenne, near German-town, under a writ of fieri facias issued out of said court, at the suit of Quervelle, who had obtained a judgment thereon…
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Error to the District Court, Philadelphia. McDermott brought an action of trespass, in the District Court for the city and county of Philadelphia, against McMichael, the sheriff of Philadelphia county, and Alsop, for seizing and selling his goods as those of Edmund Laguerenne, on the 26th of February, 1845, at the residence of Laguerenne, near German-town, under a writ of fieri facias issued out of said court, at the suit of Quervelle, who had obtained a judgment thereon against said Laguerenne, on the 24th of December, 1844, for $273.80. To prove his property in the goods so seized and sold,…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The judge below instructed the jury that he saw no evidence of McDermott’s knowledge of, or participation in the alleged fraud; and that their verdict should be for the plaintiff. There was evidence quite sufficient to carry the case to the jury, to whom the judge ought to have submitted the question of actual fraud. There was no evidence of any advertisements of the time and place of sale having been put up by the sheriff’s deputy, or any one else, no evidence whatever of notice; and although it was *357proved that the attorney of the plaintiff…
2Cases cited2 opinions
- Bemus v. QuiggleSupreme Court of Pennsylvania · 1838
- Taylor v. TaylorSupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- Woodruff v. WarnerSupreme Court of Pennsylvania · 1896
- Commonwealth v. Rebert, Pennsylvania Court of Common Pleas, Adams County1974