Richards v. Miller
Superior Court of Pennsylvania
Appeal, No. 59; April T., 1899, by plaintiff, from order of C. P. No. 2, Allegheny Co., July T., 1898, No. 186, discharging rule to open judgment. Opinion by W. W. Porter, J. Buie to open judgment. Before the court in banc. It appears from the record and evidence that a bond was given by defendants Miller and Mengel to indemnify the plaintiff, sheriff of Allegheny county, against any damage he might sustain in executing certain writs of fieri facias against one Patsy Carr.
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Appeal, No. 59; April T., 1899, by plaintiff, from order of C. P. No. 2, Allegheny Co., July T., 1898, No. 186, discharging rule to open judgment. Opinion by W. W. Porter, J. Buie to open judgment. Before the court in banc. It appears from the record and evidence that a bond was given by defendants Miller and Mengel to indemnify the plaintiff, sheriff of Allegheny county, against any damage he might sustain in executing certain writs of fieri facias against one Patsy Carr. The sheriff had levied on a saloon, with its furniture and fixtures, owned by Carr, for $462.46. Delp & Company notified…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The defendant in this case is bound by the judgment entered by the referee in the former suit against the sheriff, as to the *231questions there considered and passed upon. He acquiesced in the submission of the case to reference. He was called as a witness. He and his counsel were present at many if not all of the meetings. He filed exceptions to the referee’s findings. • While not in name a party to the litigation he had certain rights of intervention. These he exercised and is bound to the extent above indicated.
Had the present proceedings been on the bond and…
2Cases cited5 opinions
- Welsh v. BellSupreme Court of Pennsylvania · 1858
- Dixon v. White Sewing M. Co., Pennsylvania Court of Common Pleas, Cumberland County1889
- Paxton v. SteckelSupreme Court of Pennsylvania · 1845
- Freeman v. AppleSupreme Court of Pennsylvania · 1882
- Huzzard v. NagleSupreme Court of Pennsylvania · 1861