Korrallas v. Griffiths

Citations

• 70 Pa. Super. 431
• 1918 Pa. Super. LEXIS 269

Syllabus

<p>Execution — Abuse of civil process — Malice—Probable cause.</p> <p>In an action of trespass to recover damages for the abuse of civil process in making an illegal levy, malice and probable eauJe need not be shown.</p> <p>Execution — Sheriffs interpleader — Illegal levy — Act of May 26, 1897, P. L. 95.</p> <p>The Sheriff’s Interpleader Act of May 26, 1897, P. L. 95, does not furnish an exclusive remedy to an owner, of goods illegally' levied upon under an execution against another person. The act was established for the protection of the sheriff, and not on behalf of contending claimants for property. Even if a claimant loses his right of action against the sheriff by reason of noncompliance with the interpleader act, he still has his remedy over against the person who is responsible for the wrongful taking and sale of his property.</p>