Prevost v. Gorrele

U.S. Circuit Court for the District of Eastern Pennsylvania

Prevost v. Gorrele

19 F. Cas. 1297, 12 West. Jur. 372, 10 Chi. Leg. News 229, 25 Pitts L.J. 125, 13 Phila. 468, 1877 U.S. App. LEXIS 1969

CourtU.S. Circuit Court for the District of Eastern Pennsylvania

DecidedOctober 13, 1877

StatusPublished

This text of 19 F. Cas. 1297 (Prevost v. Gorrele) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prevost v. Gorrele, 19 F. Cas. 1297, 12 West. Jur. 372, 10 Chi. Leg. News 229, 25 Pitts L.J. 125, 13 Phila. 468, 1877 U.S. App. LEXIS 1969 (circtedpa 1877).

Pincite

Opinion

McKENNAN, Circuit Judge.

The language of the statute is plain: “All writs of execution” are to run and be executed all over the state, where it consists of more than one district “May” means at the plaintiff’s option. He has a right to concurrent execution all over the state. It is impossible to give the words of the statute effect unless every writ is allowed to run in all the districts in the same state. The formal direction to one marshal is of no consequence, since the same act of eongress which enlarges the territorial power of the writ enlarges the direction correspondingly.

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McKENNAN, Circuit Judge.

The language of the statute is plain: “All writs of execution” are to run and be executed all over the state, where it consists of more than one district “May” means at the plaintiff’s option. He has a right to concurrent execution all over the state. It is impossible to give the words of the statute effect unless every writ is allowed to run in all the districts in the same state. The formal direction to one marshal is of no consequence, since the same act of eongress which enlarges the territorial power of the writ enlarges the direction correspondingly.

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Bluebook (online)

19 F. Cas. 1297, 12 West. Jur. 372, 10 Chi. Leg. News 229, 25 Pitts L.J. 125, 13 Phila. 468, 1877 U.S. App. LEXIS 1969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prevost-v-gorrele-circtedpa-1877.