Wilson v. McElroy
Supreme Court of Pennsylvania
Error to the Common Pleas of Clarion county. This was an action of trespass, by James Gr. McElroy against John Wilson, Jr., a constable, and Robert A. Hunter, for levying on and selling the plaintiff’s goods, in disregard of his claim for the benefit of the exemption law of 1849. On the 26th October 1855, Robert A. Hunter, a judgment-creditor of the plaintiff, issued an execution against him, and placed it in the hands of Wilson, the other defendant, who levied on a set of…
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Error to the Common Pleas of Clarion county. This was an action of trespass, by James Gr. McElroy against John Wilson, Jr., a constable, and Robert A. Hunter, for levying on and selling the plaintiff’s goods, in disregard of his claim for the benefit of the exemption law of 1849. On the 26th October 1855, Robert A. Hunter, a judgment-creditor of the plaintiff, issued an execution against him, and placed it in the hands of Wilson, the other defendant, who levied on a set of blacksmith tools, axes, &c., in his shop. The plaintiff, at this time, was temporarily absent from home; and his children…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
This action was trespass, brought by defendant in error against the plaintiffs in error, one of whom was a constable, and the other plaintiff in an execution against defendant in error, for selling his goods on a levy, after a demand or request made in behalf of the debtor for an appraisement, under the Exemption Act of the 9th of April 1849. By the provisions of this act, the officer charged with the execution of any warrant for the levy and sale of any property of any debtor, is required, on the demand of the debtor, to take an…
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