Berwald v. Ray

Citations

• 165 Pa. 192
• 30 A. 727
• 1895 Pa. LEXIS 981

Syllabus

<p>Attachment under act of 1869—Trespass—Acts of March 17, 1869 and May 24, 1887—Bond—Action.</p> <p>An attachment under the act of 1869 was issued against two persons. A rule for judgment for want of a sufficient affidavit of defence was made absolute as to a part of the claim against one of the persons, and discharged as to the other. Execution was issued upon the judgment against the first person, and the goods attached were levied upon. The second person notified the sheriff that the goods were his, but the sheriff, on being indemnified, sold them. The attachment proceedings were subsequently discontinued. Held, that the person whose goods were sold had a right to bring an action of trespass against the sheriff for the wrongful selling, and was not confined to an action upon the bond entered in the attachment proceedings.</p> <p>In such a case the sale of plaintiff’s goods was not the result of an attachment against him, but of a judgment and execution against another. It was not in violation of the condition of the bond, but of his rights entirely irrespective thereof.</p> <p>An action may be maintained on a bond given in an attachment proceeding under the act of March 17, 1869, P. L. 8, as amended by the act of Mav 24, 1887, P. L. 197, where there has been a failure to prosecute the attachment with effect, or if the attachment has been quashed, dissolved or ended; but recovery in such an action is limited to legal costs, fees and damages sustained by reason of the attachment..</p>