Lewis v. Protheroe

Citations

• 2 Monag. 415
• 17 A. 200
• 1889 Pa. LEXIS 1389

Syllabus

<p>In an action of trespass for sale on execution proceedings, by a claimant of the goods, against the sheriff and the plaintiff in the execution, the admission in evidence of the bond of indemnity, given by the plaintiff in the execution to the sheriff, if error, is immaterial error, where the jury were instructed that they could not give punitive damages but must confine themselves to the actual value of the goods at the time of sale, and the verdict made it apparent that they did not disregard the instructions.</p> <p>It is no cause for reversal, in such case, that the court, in effect, affirmed the following point for plaintiff: “The defendants in the execution, after having levied upon the goods, might have then applied for a rule to interplead, under which the title of the claimant might have been tested without and before any sale ; in that case, if the verdict had established the claim, the proceedings being regular, the defendants would not have been trespassers.</p>