Braden v. McCleary
Supreme Court of Pennsylvania
Braden v. McCleary, 183 Pa. 192 (Pa. 1897)
38 A. 623; 1897 Pa. LEXIS 736
Ean, Fell, Giíeen, McCollum, Mitchell, Stekhett, Williams
Braden v. McCleary
Opinion of the Court
This case depended on questions of fact which appear to have been properly submitted to the jury and by them determined in favor of tbe plaintiff.
One of tbe specifications of error is in overruling defendant’s objection and admitting the testimony of W. W. O’Neil therein set forth. Tbe other is in sustaining plaintiff’s objection and excluding defendant’s offer of testimony therein specified. Our consideration of these rulings has led us to the conclusion that there is no error in either of them; and inasmuch as there is nothing else in the record to justify a reversal of the judgment, hoth specifications of error should be dismissed and the judgment affirmed.
Judgment affirmed.
Reference
- Full Case Name
- A. R. Braden v. W. H. McCleary, Sheriff
- Status
- Published
- Syllabus
- Sheriff- — Wrongful levy — Evidence. In an action against a sheriff to recover damages for a wrongful levy, where the defendant in the execution testified that he was the owner, of the property levied on, it is competent to ask him on cross-examination whether his mother-in-law to whom he had confessed the judgment on which tbe writ issued had not given a bond to indemnify the sheriff. Principal and agent — Authority of agent — Change of ownership. An agent who is merely placed in charge of property cannot change its ownership by delivering it to others, without the consent of his principal.