Selheimer v. Elder
Supreme Court of Pennsylvania
May 24th 1881. Before Merour, Gordon, Paxson, Trunkey, Sterrbtt and Green, JJ. Siiarswood, O. J., absent. Error to the Court of Common Pleas of Miffiwi GO'imty: Of May Term 1881, No. 145. Eeigned issue, in attachment execution, between John B. Selheimer, assignee of George Saylor, plaintiff, against George W. Elder, assignee of Kirkpatrick, Kinsey & Go., defendants, to try the question whether a sum of money paid into court was subject to an attachment execution which had…
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May 24th 1881. Before Merour, Gordon, Paxson, Trunkey, Sterrbtt and Green, JJ. Siiarswood, O. J., absent. Error to the Court of Common Pleas of Miffiwi GO'imty: Of May Term 1881, No. 145. Eeigned issue, in attachment execution, between John B. Selheimer, assignee of George Saylor, plaintiff, against George W. Elder, assignee of Kirkpatrick, Kinsey & Go., defendants, to try the question whether a sum of money paid into court was subject to an attachment execution which had been issued under the following circumstances: The Sunbury and Lewistown Railroad Company in 1870 entered on lands…
1Opinion of the CourtJustice Paxson
This record presents a number of questions that need not be discussed. The case turns upon the point raised by the second assignment of error, viz.: That the fund in dispute is not the' subject of attachment.
The fund sought to be reached by the attachment was a claim by George Saylor against the Sunbury & Lewistown Railroad Company for entering upon and taking a portion of his land for railroad purposes. The company entered and took the land without any agreement with Savior as to the price, and without having filed a bond as required by Act of Assembly.
We are of opinion that this claim is of…
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