Linton v. Commonwealth ex rel. Ford

The opinion of the court was delivered, November 12th 1863, Read, J. In this case it was clearly the sheriff’s duty to go to the place where the planing-machine was, an levy upon it. He did not do this in the case of these executions, and they were therefore postponed to the execution of Morris L. Hallowell & Co., under which the planing-machine was actually levied upon and sold. The court therefore were right in their charge to the jury. Mr. Fenlon was a competent witness, and the court made no error in rejecting the testimony of Mr. Linton, contained in the auditor’s report. Judgment affirmed.