Samuel v. Knight & Co.

Citations

• 9 Pa. Super. 352
• 1899 Pa. Super. LEXIS 36

Syllabus

<p>Execution — Essentials of a valid levy.</p> <p>A levy to be good must be made in such a way that the officer has the property within his power and control or within his view, and after having it so, he makes a levy upon it and follows it up within a reasonable time by taking possession in such a manner as to apprize everybody of its having been so taken in execution.</p> <p>Execution — What constitutes a levy — Province of court and jury.</p> <p>Seizing part of the goods in the name of the whole on the premises, is a good seizure of the whole; but when the property in dispute was not on the premises of the defendant in the execution and not identified by description it should be seen by the officer to perfect a levy of it, and the fact being disputed as to whether or not it was included in the levy, the question is one for the jury, to be determined on the evidence and without the expression of a dominating opinion from the trial judge.</p> <p>Execution — Levy—Sale of reversions — Question for jury.</p> <p>The sale in bulk by the sheriff of items of property under the designation of “reversions” does not pass title thereto if the property so sold was not levied upon, and whether so levied upon and subsequently sold was for the jury.</p> <p>Charge of court — Conflicting inferences — Undue emphasis by court.</p> <p>Trial judges are not compelled to weigh their utterances regarding the evidence in the exquisitely balanced scales sometimes employed by ingenious counsel to discover whether too much or too little has been said; but when evidence is conflicting and the inferences to be drawn therefrom are reasonably capable of different constructions, it is error to confine the jury to one view of the case when there is more than one which they should consider; and in such case, it is error specially to emphasize the theory of the plaintiff and ignore that of the defendant.</p> <p>Practice, C. P. — Charge of court — Undue comment on testimony.</p> <p>In many cases it is