32 Pa. 257 | Pa. | 1858
The opinion of the court was delivered by
The plaintiff below obtained a judgment against
In regard to the third exception, whether the sheriff, having the previous writ, has discharged his whole duty strictly in the execution of it, is not the subject of adjudication now in this court; or whether he made a false or true return to it. By the record we are concluded. If that shows that there was a judgment against this corporation, that an execution had been issued thereon, and returned unsatisfied in part or in whole, then the requirements of the statute are satisfied. These things all do appear of record. The truth of them cannot be here determined collaterally, as we are asked to do, without a disregard of the very principles of the organization of this court. It has been repeatedly held, that affi
If these proceedings below had taken place since the passage of the Act of the 22d of April 1858, Bright. Purd. 1258,.it would be difficult to sustain them on the fourth exception. But no retroactive operation or effect can be given to that law. Indeed, we do not understand the counsel as invoking the aid of it. So far as the future is concerned, perhaps it may protect this company. But now the plaintiff in error must stand or fall by the Act of 1836. The language of the-seventy-third section of that act is too explicit to admit of doubts in its interpretation. It declares such writ is awarded “ to sequester the goods, chattels and credits, rents, issues and profits, tolls and receipts.” Now this court is not legally informed whether this company has any of these subjects of assets. Nor could it make any difference. The validity of an execution never depends upon the fact of whether the defendant has any property subject to it. Therefore, expressing no opinion as to what character of assets the corporation may have, or whether any, subject to this kind of writ, or in what manner it should or can be executed upon them, the order of the court below awarding the writ of sequestration is confirmed.
The award of the writ of sequestration affirmed.