Wells v. Benefield
Cases that cite this one
1 later published case cites this decision.
- Bruner's Appeal (Pa. 1868)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The evidence is inadmissible. The return of the levy binds the officer, at least until set aside or explained by-evidence. The court from which the process issued might on proper evidence permit the return to be amended. Or possibly this court would hear evidence to explain a return on an execution offered in evidence, but the matter now offered is no evidence. It is but a certificate of a sheriff made to exonerate himself from liability. He had no authority to make such a return.
The plaintiff submitted to a non suit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.