156 Pa. 410 | Pa. | 1893
Opinion by
The learned judge instructed the jury that “ if somebody else
There was also error in not setting aside the levy on the fi. fa. and relieving the appellant from the costs of it. There was an outstanding attachment, prior to this levy, which appellant was not bound at his own risk to disregard. The fi. fa. was oppressively issued when appellant was in no default, and the subsequent assignment and discontinuance of the attachment did not cure the original wrong.
Judgment reversed and venire de novo awarded.