Crawford v. Stewart
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of debt, brought by “ The treasurer of Eayette county, for the use of Isaac Baily, administrator of Christian Wireman, deceased, and Mary Zeilin, against Andrew Stewart,” on a bond given by him as purchaser at a treasurer’s sale of unseated land, for the surplus-money that remained after satisfying the taxes for which it was sold, and costs.
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Error to the Common Pleas of Fayette county. This was an action of debt, brought by “ The treasurer of Eayette county, for the use of Isaac Baily, administrator of Christian Wireman, deceased, and Mary Zeilin, against Andrew Stewart,” on a bond given by him as purchaser at a treasurer’s sale of unseated land, for the surplus-money that remained after satisfying the taxes for which it was sold, and costs. The suit was brought September 6th 1856, and the writ served September 9th 1856. December 10th 1856, there was a rule on plaintiff to declare or non pros., and on the 26th of December a…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— This was an action brought by the late treasurer of Fayette county, against Andrew Stewart, on a surplus bond given by him on the purchase of a certain tract of land at a treasurer’s sale for taxes. When the writ was quashed it stood on the record, purely and simply an action of debt — unobjectionable in form, between competent parties — wherein there was due service of process, appearance, and plea by the defendant. There was no irregularity anywhere, and the court had undoubted jurisdiction of both the subject-matter and the parties.…
2Cases cited1 opinion
- Boyer v. SmithSupreme Court of Pennsylvania · 1836
3Cited by16 opinions
- Pasquinelli v. Southern Macaroni Mfg. Co.Supreme Court of Pennsylvania · 1922
- Stewart v. StewartSuperior Court of Pennsylvania · 1937
- Falk & Co. v. South Texas Cotton Oil Co.Supreme Court of Pennsylvania · 1951
- Nicoll v. McCaffreySuperior Court of Pennsylvania · 1896
- American Manufacturing Co. v. S. Morgan Smith Co.Superior Court of Pennsylvania · 1904
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