Dornin v. McCandless

Citations

• 146 Pa. 344
• 23 A. 245
• 1892 Pa. LEXIS 1228

Syllabus

<p>1. When a sheriff, after an offer of indemnity or without a demand therefor, returns an execution nulla bona, he does so at his own risk; and if it be shown that there is property of the defendant which he might and ought to have levied upon, he will be responsible to the plaintiff. He may show, however, that goods pointed out- to him as the defendant’s, were the property of a stranger.</p> <p>2. A sheriff, after seizing goods so pointed out to him, relinquished his levy and made a return of nulla bona, without having made a demand on the plaintiff for indemnity. In an action against the sheriff for failing to sell the goods, it was error to refuse to permit him to show that they belonged to a stranger to the writ: Miller v. Commonwealth, 5 Fa. 294, distinguished.</p>