State v. Jacobs

The sole question presented in this case is the validity of the order of the Court of Common Pleas restoring to the defendant the money seized by the sheriff. The contentions that the proceeding is wholly unauthorized and that the right to the possession of the money in question can be determined only in a separate and independent action to which the sheriff is made a'party and duly served with summons cannot be sustained.

The duties and obligations of a sheriff with respect to property taken under suck circumstances and conditions as here disclosed are substantially the same whether or not a…