Smith v. Altoona & Philipsburg Connecting Railroad

Citations

• 182 Pa. 139
• 37 A. 930
• 1897 Pa. LEXIS 782

Syllabus

<p>Statutes— Construction of statutes.</p> <p>All statutes in derogation of the common law, or out of the course of the common law, are to be strictly construed.</p> <p>Corporations — Execution—Acts of June 16, 1836, see. 72, and April 7, 1870 — Sheriff—Fees—Mileage.</p> <p>Before the property and franchises of a corporation may be sold by special fi. fa. under the Act of April 7, 1870, P. L. 68, demand must have been made by the sheriff at the principal office of the company, as provided by the Act of June 16,1836, sec. 72, P. L. 774, and the sheriff of the county in which the writ issues may go to any county in the state where the principal office of the corporation is situated to make such demand, and for such service he is entitled to fees and mileage.</p> <p>Where the sheriff executes a number of writs for different plaintiffs against the same defendant, he is entitled to separate mileage on each writ.</p>