Gilfillan v. King

Citations

• 239 Pa. 395
• 86 A. 925
• 1913 Pa. LEXIS 579

Syllabus

<p>Public officers — Sheriff—Suit for unlawful removal of property — • Joint torts — Instruction to jury.</p> <p>1. The right of action for the unlawful removal of property under levy is in the sheriff, and an execution creditor to whose use an action is brought has no standing except upon the sheriff’s right. If, therefore, the deputy sheriff in charge of the writ agreed to the removal of the property and it was subsequently returned for sale, as agreed, the sheriff suffered no injury and as to him no actionable wrong was committed.</p> <p>2. Where in an action to recover damages for the unlawful removal of property levied upon there was evidence that the deputy sheriff agreed with a claimant of the property that the property might be taken away and used, provided it were returned in time for the sale, and it was so returned, but the deputy sheriff refused to go on with the sale unless the claimant would agree that the money should be paid over to the execution creditor without any contest, the ease was for the jury and a verdict and judgment for defendants will be sustained.</p> <p>3. Where a joint tort is alleged, there cannot be a recovery without proof of a wrongful act in which both defendants participated.</p>