45 Pa. Super. 143 | Pa. Super. Ct. | 1911
Opinion by
Letzelter obtained a judgment against one William Parson and under an execution upon that judgment a levy was made upon certain personal property; whereupon,
The first specification of error refers to the admission in evidence of the appraisement, made by appraisers appointed by the sheriff, and filed in the case. The admission of this appraisement in evidence was objected to by the appellant, who thus stated his ground of objection, “for the reason that the appointment of the appraisers was not made according to law.” This was the only ground upon which the objection was based, if there were other grounds of objection they ought to have been stated in the court below. The appellant must stand by the record which he has made. The appraisers had been appointed by the sheriff, and the statute expressly conferred upon that officer the power to make the appointment; “Section 6. The value of the goods and chattels claimed shall be determined by appraisers appointed by the sheriff, subject to the approval thereof by the court.” The word “thereof ” in this section refers to the valuation of the goods as determined by the appraisers, and not to the mere appointment of the appraisers. The thing which is made subject to approval by the court is not the naming of the appraisers but the result of their work. This section of the statute does not expressly require that the appraisement must be approved by the court, before it shall be
The language of the court in that part of the charge which is the subject of the second specification of error embraces all that the learned judge said to the jury as to the form of their verdict, in case they found that the plaintiff, this appellant, had not, prior to the execution, acquired title to the property, as against the creditors of the defendant in the execution. The jury were thus instructed that in case they found against the claimant they should return “a verdict in favor of the defendant.” The language of the court was perfectly proper, as far as it went, but it did not go far enough. The goods in controversy
The judgment is reversed and a venire facias de novo awarded.